Can one co-owner of real property force another co-owner to sell?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can one co-owner of real property force another co-owner to sell?

I am co-owner of a house with my sister (we inherited it after our mother’s passing). I have had to move into the house due to unemployment and no income. Also, I have a permanent handicap that is making it hard to find a job. We had verbally agreed to 5 or 6 years before I had to buy her half, then she changed it to 1 year, and now she wants to force me to sell the house so hat she can get her half. This will leave me with no place to go. Can she force me to sell leaving me with little money from the sale and no place to go, or do I have rights since I live here and there was a verbal agreement?

Asked on December 17, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am so sorry for your loss and for your situation.  Unfortunately, I think that she can try and force you to sell.  She will have to bring what is known as an action for partition of the property which basically asks the court to split or partition the house in to the 50/50 share that you each have a right to.  But what really happens is that the court can not split the house in half literally so they force a sale of the property to divide the proceeds in half.  Your agreement was an oral contract, that is true, but contracts regarding real property have to be in writing to be valid.  maybe you can convince her that waiting will help increase the value and she will get more money in the end?  Otherwise, there may be nothing else you can do.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption