If a deed is in “survivorship” can 1 person force the remaining 2 people on the deed to buy them out and or force them to sell?

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If a deed is in “survivorship” can 1 person force the remaining 2 people on the deed to buy them out and or force them to sell?

My father and mother both died this year and the family cottage had both the parents and the surviving children on the deed.

Asked on October 31, 2012 under Real Estate Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The surviving children now get it. Forcing to sell is really a state of mind. The person who wishes to sell can sell but it would wind up being an ownership with you. So, in essence, tenants in common. That happens by selling their interest. Usually this doesn't happen very easily or often but consider the fact you can't prevent it from happening per se.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to answer your question, I would have to look at what the deed that you have written about states. I presume it is a joint tenancy deed. If so, under the laws of all states, unless the deed is changed, the surviving owners continue to inherit in equal shares the ownership interests of those designated that passed.

If such is the case, a buy out could result either voluntarily or by court order in a partition action. I suggest that you consult further with a real estate attorney about your matter.


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