What to do if my dad’s house was put in all 3 brothers’ names as joint tenants and not as tenants in common with full rights of ownwership?

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What to do if my dad’s house was put in all 3 brothers’ names as joint tenants and not as tenants in common with full rights of ownwership?

I have 1 brother that lives in the house but the other 2 want to sell it. Can the 2 force the house to be sold if the 1 living in it doesn’t want it sold?

Asked on January 14, 2013 under Real Estate Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written in the end if there is a partition action filed in the county where the property is located the court could order the property sold even though you do not wish to. I suggest that you look into a plan to buy out your siblings on terms and conditions that you can afford where they may carry the paper to accomplish this.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You own the property equally. Each joint tenant has an equal right of possession, meaning none can exclude the others or claim a certain portion belongs to him or her. A joint tenant can usually sell his or her interest in the property without the consent of the other owners. If there are only two joint tenants and one sells his or her interest, a tenancy in common is created. If there are three or more owners, the joint tenancy interest ends for the interest sold, but stays in effect for the remaining interests.  If you want to sell it vacant then speak with an  attorney about an action for partition. Good luck. 


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