own property with other people can they force us to sell

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own property with other people can they force us to sell

bought property with brother and wife, financed by bank all payments current and
taxws. We cannot afford to buy them out right now, but sister in law wants out
can they force us to sell.

Asked on October 3, 2018 under Real Estate Law, Montana

Answers:

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

Answered 2 years ago | Contributor

Actually, they can make you sell. When joint owners of property cannot agree as to ownership matters, the law provides the remedy of "partition". In such an action, the court will order that the property be divided if possible. If not, as in the case of a single family house, then the court will order a "sale in lieu of partition". This means that the property will be put on the market. Once an on offer for fair market value is accepted and the sale is completed, the proceeds will be equitably distributed among the owners. First, however, the party who wants to keep the property will be given the chance to buy out the others parties who do not want to sell. 


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