What to do if a joint tenent wants to sell but others do not?
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What to do if a joint tenent wants to sell but others do not?
I own property in joint tenancy with my two sisters. I wish to sell the property but they do not. If sell or convey my share of the property to my daughter, can she force a sale?
Asked on January 25, 2012 under Real Estate Law, Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you want to sell your interest in the property that you share with your two siblings and they do not, you can force a possible sale by filing a partition action in the county court house naming them as defendants where the court could end up ordering the sale of the property.
The problem is that such a proceeding will most likely cause ill will between you and your siblings.
One option is for you to have your sister buy out your interest in the property for a set price over time. There would have to be a purchase contract, promissory note and a trust deed securing the note recorded on the property you have an interest in.
If you sell or convey your interest in the property you are writing about to your daughter, your daughter can force a sale by a partition action as well. I suggest that you have a meeting with your sisters about a possible buy out of your interest in the property.
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