CanI sell my half of a property?

UPDATED: Jul 21, 2010

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

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 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.

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