How can I make my sister agree to sell a house that we both own?

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How can I make my sister agree to sell a house that we both own?

She refuses to sell but I need to sell it in order to buy myself a house.

Asked on February 14, 2016 under Real Estate Law, Florida

Answers:

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

Answered 5 years ago | Contributor

A joint owner of property (real or personal) can force its sale. In cases in which co-owners cannot agree as to ownership matters, the party seeking a sale can go to court and file for a “partition”; this is a legal remedy employed in this type of situation. A partition can be accomplished either by the physical division of the property, if practical, or by sale. In the case of a single family dwelling, since physical division isn't possible, the court will order a "partition by sale".
Once the property sells, the proceeds are equitably distributed to the owners. However, before a sale is ordered the court permits the ownerwho does not want tosell, the right to purchase the interest of the other co-owner for fair market value.
That having been said, filing for partition is expensive and time-consuming. Try to explain this to your sister. Meanwhile you may want to consult directly with real estate attorney in your area; they can best advise you further.


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