If I share a home with another person and it’s 60% mine and 40% theirs, can I sell the house even if they don’t want to?

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If I share a home with another person and it’s 60% mine and 40% theirs, can I sell the house even if they don’t want to?

The ownership share is represented in both the deed and the Will of my mother from whom we inherited.

Asked on July 14, 2015 under Real Estate Law, Maryland

Answers:

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

Answered 6 years ago | Contributor

Regardless of who owns what percentage of the house, it can be sold. However, if you cannot come to agreement with the other owner, you will have to appear before a judge and obtain a court order to do so.

In situations when co-owners of property (real or personal) cannot agree as to ownership matters, a "partiton" action can be filed. This is a legal remedy wherein a court will attempt to divide the property in question if possible. In cases where division is impractical (such as with a single family house), the court will order a sale of the proeprty. However, in a case such as yours, the owner who wishes to keep it has the right to buy out the other owner for fair market value. If they do not do so, then the property will put put on the open market for sale.


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