How do I force a second party to sell property

UPDATED: Oct 1, 2022

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How do I force a second party to sell property

How do I force a second party to sell

Asked on January 17, 2018 under Real Estate Law, Florida


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

Answered 4 years ago | Contributor

The law rovides the remdey of "partition" when co-owners of property cannot agree as to ownership matters, In a partiton action, a court can order that the property can be divided if practical or, if not practical (as in the case of a single family house), then it will be ordered that the property be sold. This is known as a "sale in lieu of partiton". At that point, the sale proceeds will be equitably distributed. However, first any owner who wants to keep the property will have the right to buy out the other owner(s) for fair market value. At this point, you should consult directly with a local real estate attorney who can best advise you further.

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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