Can an heir be forced to sell their share of farm property that is held as tenants-in-common?

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Can an heir be forced to sell their share of farm property that is held as tenants-in-common?

Asked on March 28, 2012 under Real Estate Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the troubles that have ensued.  What the other heir can do is bring an action for partition, which is basically asking the court to split the asset in two.  With real property such as a house that could be a problem - you can not split a house - and so the courts generally order the property sold and then the proceeds split.  Here, though, can the property be split evenly and in equal value to allow the other heir to sell?  Then that is an option.  Seek legl help here.  Good luck.


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