Can the court order that a property be sold?

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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 3 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 3 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


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