If land was left to mom and uncle in a Will, can a buyout be forced?
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If land was left to mom and uncle in a Will, can a buyout be forced?
My mom and uncle are equal owners. My uncle doesn’t want any interest in any of it but doesn’t want a buyout.
Asked on June 29, 2017 under Real Estate Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Now that they are the legal owners of the property, your mother can file for an action in "parition". This is the legal remedy that is employed when owners of jointly held property cannot agree as to ownership matters. In such an action, if the property can be divided the court will so instruct. Each party can then do with the property as they wish. However, where divsion is impractical or impossible then the court can order a "sale in lieu of partition". So fo rexample, the land in questin cannot be subdivided, then it will be sold at fair market value and the proceeds equitably divided. That having been said, before it is put on the market, any owner who wishes to keep the property has the option of buying out the other owner(s).
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