Can the main owner sell a property if there are multiple owners?

UPDATED: Oct 1, 2022

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Can the main owner sell a property if there are multiple owners?

There is 1 owner who owns 50% and who has paid property taxes and upkeep for the last 15 years. The next owner owns 16% and the remaining 10 owners own 4% or less. It is not possible to locate all of these owners all inheritance. Can the main owner sell property without all signatures?

Asked on February 1, 2019 under Real Estate Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, he can't: the agreement or consent of all owners of real estate is required to sell it, except as per below.
A court can order the sale without the consent of certain owners; if it does, the court will almost certainly require that the appropriarte portion of the proceeds be escrowed for their benefit and that certain further minimum efforts be made to locate them. 
A legal action "for partition" would need to be brought to get the court order. Certain efforts to locate and serve the minority owners would need to be made, documented, and attested to. It is strongly advised to retain an attorney to help.

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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