Selling the property without the consent of other party

UPDATED: Sep 30, 2022

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Selling the property without the consent of other party

Myself and my brother bought a house. We pay the mortgage and bills equally. Now we are not in good terms and wanted to sell the property and wanted to share between us but he is not willing to agree. What are the options do I have?

Asked on February 21, 2017 under Real Estate Law, Alaska


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

Answered 6 years ago | Contributor

You can file an action that is known as "partition". This is a remedy used by the courts when owners of jointly held property cannot agree as to ownership matters. In such an action, when a property can be equally divided, the court will so instruct. However, in the event that the it cannot be divided (as in the case of a single family home), then it will order what is called "sale in lieu of partition". This means that the property will be sold and the proceeds equitably distributed among the co-owners. However, since a partition can be and time consuming and costly, it is advisable to try an work out a mutual acceptable agreement.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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