What are the legal options if 3 people own a property and 2 want to sell but the other doesn’t?

UPDATED: Apr 15, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 15, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are the legal options if 3 people own a property and 2 want to sell but the other doesn’t?

My 2 sisters and I own a housel 1 of my sisters and I want to sell the property but the other doesn’t. We are all listed on the deed. What are our legal options if any?

Asked on April 15, 2012 under Real Estate Law, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good question. If the three property owners do not have a partnership agreement with respect to the parcel they all have an interest in, the best way for a sale or buy out is for the two owners to sell their interests to the one person who does not want to sell. Possibly notes and trust deeds prepared by a real estate attorney per a written contract would accomplish the goal.

If that is not an option, then if the two owners really want to sell, the parties either agree to all list the parcel for sale or the two owners unfortunately bring a partition action for a court order to declare that the property needs to be sold. If matters come to that point, there most likely will be hurt feelings between the siblings. I suggest that the sisters consult with a real estate attorney to structure a buy out of the two owner's interests in the parcel to the one sister who wishes to keep it.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption