IF FOUR PARTIES OWN A SHARE OF PROPERTY AND ONE PARTY WANTS TO SELL, CAN HE LEGALLY FORCE US OUT THE HOME?

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IF FOUR PARTIES OWN A SHARE OF PROPERTY AND ONE PARTY WANTS TO SELL, CAN HE LEGALLY FORCE US OUT THE HOME?

Asked on June 14, 2009 under Real Estate Law, Indiana

Answers:

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

Answered 11 years ago | Contributor

Whether you own as joint tenants or tenants in common , a "partition" action can be brought by the party who wants to sell the property (ie they can force you out of the home).

There are two kinds of partition:

1)  A partition in kind, also known as an "actual partition," severs the individual interest of each joint owner.  Each owner ends up controlling an individual portion of the property; or 

2)  A partition by sale, also known as partition by "licitation" or "succession" is accomplished by selling the entire property and dividing the proceeds among the owners.  This type of partition is used when partition in kind is difficult to perform.

In your instance there would be a partition sale since dividing a single family home would be impracticable.  If there is any way for the three owners to reach agreement with the fourth on a buy-out, that is what I would advise if you want to stay in the home.

At this point, you should speak to an attorney in your area about how to go about all of this.


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