CanI sell my half of a property?

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CanI sell my half of a property?

My mom left me and my brother her home when she passed away. I want to sell my half to another party since my brother won’t buy it. If this can be done, how do I do it?

Asked on July 21, 2010 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the two of you together jointly own a single piece of property, as practical matter, you'll need to bring a legal action to get a court order forcing a sale and distribution of the proceeds. You should consult with a real estate attorney about how to do this--it's not something for a layperson to attempt.

(Technically, you could find someone to buy your interst in the property and step into your shoes, but realistically, who would do this--buy a half-interest in a house, where he then has to contend with the other half owner and cannot easily use, modify, rent, or sell his interest on his own? Having a 1/2 interest in a house like this is a highly illiquid, not very useful asset, and so you're not likely to be able to sell it).

If instead you each owned 1/2 of a divisible piece of property, such as 1/2 of a lot, it would be simpler--while you might still need a court order to establish boundaries, if  not previously established, that's more straightforward. With an indivisible piece or property or asset, you need to force a sale and distribution.


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