Can co-owners evict another owner?

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Can co-owners evict another owner?

I have 5 brothers and the home is in all of our names. 2 of the brothers want to sell the home and I live in the home now. 1 of my brothers has filed an eviction notice. What can I do?

Asked on November 23, 2010 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In cases where co-owners cannot agree on the whether or not to sell a jointly owned piece of real estate, the party seeking the sale can go to court and file for what is called an action for “partition”.  Since this is a single family residence (I'm assuming) and cannot be divided, a “partition by sale” can be ordered by the court. Once the property is sold, the proceeds are equitably distributed to the owners.

Note: Before a sale would be ordered, typically the court would permit the non-filing co-owner (ie your husband's sister) to purchase the interest of the remaining co-owner for fair market value.


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