Can one person sell a home held in joint tenancy?
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Can one person sell a home held in joint tenancy?
My husband and I own a duplex with another couple. They want to sell and we do not. They found an agent
that listed the home without our signatures or any consent. We did not sign a listing agreement. Is this legal? Yesterday, the agent contacted us to tell us there was an offer. We have made it clear we do not want to
sell. About 6 weeks ago, we paid an appraiser and offered to buy them out. They refused and stated that they
would prefer to sell to a stranger. We have tried to negotiate. Our home is still on the market even though we have written and called the broker and the agent and asked them to remove the listing and explained that we are able and willing to buy them out. Can they force us to sell without going to court?
Asked on October 15, 2019 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, in a joint tenancy (since you are calling it a "joint tenancy," we assume you mean a "joint tenancy with right of survivorship," or JTROS; if it's not but is instead owned as "tenants in common," the answer will be slight different and you should repost your question) all joint tenants must agree to a sale OR there must be court order for the sale. Some of the joint tenants cannot sell without the consent of the others or a court order.
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