I want to know if 3 people own a house can you forced the other two sale

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I want to know if 3 people own a house can you forced the other two sale

Well I have been living in the house for twelve years and no one has ever wanted to sell the house that my grandfather left to my mother and our mother left to all of her children.After 12 years my brother wants to force a sale on a house that he does not want my sister and I do not want the house sold at all and he has never wanted the house sold either.So my question is I filed a petition with the court as well an also filed under Arkansas Rules of Civil Procedure because of trying to pressure us to sell the house and we refuse to sell the house because it is a family own home.

Asked on August 25, 2019 under Real Estate Law, Arkansas

Answers:

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

Answered 1 year ago | Contributor

Yes, a co-owner can force a sale of property even over the objections of the other owners. The reason is that when joint owners cannot agree as to ownership matters, the law provides the remedy of "partition". Oursuant to this action, a court will order that the property be divided, if possible. If not, such as in the case of a single family house, then it will order a "sale in lieu of partition". Accordingly, the property will be put on the market and sold for fair market value. The proceeds then will be distributed equitably. First, however, before being offered to any 3rd parties, any owner who wants to buy out the other owner(s) can do so (again for fair market value).

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

Answered 1 year ago | Contributor

Yes, a co-owner can force a sale of property even over the objections of the other owners. The reason is that when joint owners cannot agree as to ownership matters, the law provides the remedy of "partition". Oursuant to this action, a court will order that the property be divided, if possible. If not, such as in the case of a single family house, then it will order a "sale in lieu of partition". Accordingly, the property will be put on the market and sold for fair market value. The proceeds then will be distributed equitably. First, however, before being offered to any 3rd parties, any owner who wants to buy out the other owner(s) can do so (again for fair market value). 


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