Can the court order that a property be sold?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the court order that a property be sold?
There are 4 people who own family cottage. Both sisters from one family don’t talk and both brothers from another family don’t speak. It is really bad communication and no one can agree. Cottage is in dis- repair and one person decided to paint. No one else wants to put into it. Needs roof, electrical, etc. A couple would like it sold, can the court order the sale? How to go about it? How long would it take?
Dee
Asked on June 27, 2017 under Real Estate Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When co-owners of property (either real or personal) cannot agree as to ownership matters, there is a legal remedy that can be employed. It is called "partition". In a partion action, if the property in question can be divided the court will so instruct. However, in the case of where divsion is impractical (such as in your case), then the court can order a "sale in lieu of partition". In such a situation, the property will be sold at fair market value and the proceeds will be equitably divided. That having been said, before it is put on the market, any owner who wishes to keep the property has the option of buying out the other owners
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When co-owners of property (either real or personal) cannot agree as to ownership matters, there is a legal remedy that can be employed. It is called "partition". In a partion action, if the property in question can be divided the court will so instruct. However, in the case of where divsion is impractical (such as in your case), then the court can order a "sale in lieu of partition". In such a situation, the property will be sold at fair market value and the proceeds will be equitably divided. That having been said, before it is put on the market, any owner who wishes to keep the property has the option of buying out the other owners
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.