What to do if a co-owner wants to sell but the other co-owners do not?

UPDATED: Sep 5, 2012

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What to do if a co-owner wants to sell but the other co-owners do not?

My mother died and left her home to her 5 children. The house has been sitting for 4 years now and the town lawyer gave us the appraisal of the home. I want to sell it and get the money out. What can I do about it when 1 or 2 of them don’t want to sell and I don’t have any money to buy them out.

Asked on September 5, 2012 under Real Estate Law, Delaware


Thomas Peppler / Hochman and Peppler LLC

Answered 10 years ago | Contributor

Under Florida law you may file an action for partition and sale of the property.  The property will be ordered sold and the proceeds divided according to each owner's interest. The courts should not require your interest to be held captive and it will be the other owners who will have to buy your interest if they do not want the home sold.

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