If my brother and I own land and I want to sell, is it true’ that I cant without his permission?

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If my brother and I own land and I want to sell, is it true’ that I cant without his permission?

We are each half owner.

Asked on February 27, 2017 under Real Estate Law, Minnesota

Answers:

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

Answered 4 years ago | Contributor

A joint tenant can sell their share of property, although whoever buys it would have to own it jointly with the other owner. A more practical way to sell would be to go to court and file for a "partition". If granted, the property will be equally divided and you can then sell your share outright; your brother will have no interest in the property. If, for some reason, the land can't be divided then it will be ordered to be sold and you and your brother will share equitably in the proceeds (although he could opt to buy your share out for its fair market value).

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

Answered 4 years ago | Contributor

A joint tenant can sell their share of property, although whoever buys it would have to own it jointly with the other owner. A more practical way to sell would be to go to court and file for a "partition". If granted, the property will be equally divided and you can then sell your share outright; your brother will have no interest in the property. If, for some reason, the land can't be divided then it will be ordered to be sold and you and your brother will share equitably in the proceeds (although he could opt to buy your share out for its fair market value).


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