Can my wife sell her portion of a piece of jointly held property without the other joint owners’ permission?

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Can my wife sell her portion of a piece of jointly held property without the other joint owners’ permission?

My wife is joint owner of a piece of property along with her brothers. She would like to divide and sell her interest to her 4 daughters. Her brothers are resisting her intentions. Can she do so without their permission?

Asked on April 28, 2016 under Real Estate Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, when the property is jointly owned, she cannot divide it or sell her interest unilaterally, or without the consent of the other owners--not without a court order. What she can do is bring a legal action (i.e. file a lawsuit) for "partition" in chancery court (a part or division of county cout), seeking a court order that because the owners are unable to agree as to use, that the court order that the land and interests therein be partitioned, or divided, or that the property be sold and the proceeds divided. Your wife should speak with a real estate attorney about this option.


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