I co-own a property with my sibling who has lived in the home without paying the bills for the past 3 years. I want to sell it but she refuses to agree.

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I co-own a property with my sibling who has lived in the home without paying the bills for the past 3 years. I want to sell it but she refuses to agree.

While I know that I need to get a lawyer to file
an action of partition, can I restrict her from
accessing the property? She no longer lives
there and the house is now vacant. She has a
serious drug problem and has gotten into some
legal trouble and Im afraid she will do
something dangerous in the house.

Asked on August 24, 2018 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You appear to know the answer already: you need to file an action for partition to get a court order forcing the sale. You legally could file it on your own ("pro se") but an attorney is strongly recommended. You cannot restrict her access, unfortunately: any owner has full and equal rights to access, use, possess, etc. the property.  One owner cannot limit or exclude the other.


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