How can I sell property that I co-own with another so as to get my share?

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How can I sell property that I co-own with another so as to get my share?

I own 2/3 of the real estate left by our parents and my half sister owns 1/3. I want tosell and move the property to get my share but my sister refuses to vacate and sellinsisting she owns 1/3 right. Can I force her to move and sell? How?

Asked on January 12, 2017 under Real Estate Law, New Jersey

Answers:

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

Answered 4 years ago | Contributor

You can pursue what is called an action in "partition", which is a legal remedy that is employed when owners of jointly held property (real or personal) cannot agree as to ownership matters. Accordingly, if a property can be divided, then a judge will so instruct. However, if the property cannot be divided (as in the case of a single family house), then a "sale in lieu of partition" will be ordered. This means that theproperty will be sold and the prceeds equitably distributed among the owners. However, before a sale would be ordered, a co-owner(s) would be given the right to try and negotiate a buy out of the other owner.


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