What route should I take to force an unwilling joint owner to sell or buy out my half?

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What route should I take to force an unwilling joint owner to sell or buy out my half?

I have a joint timeshare ownership with an ex-husband of 3 years. There is nothing in the divorce decree concerning the timeshare. I would like to liquidate my half of the time share. My ex-husband will not respond to any correspondence whatsoever, so I would like to know the route I need to take to force the sale or buy out of the property?

Asked on January 11, 2011 under Real Estate Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should seek help from an attorney in the area on this matter.  If this were considered real property then state laws generally allow what is known as an action for partition, which is where one of the joint owners of the property petitions the court to divide the property in half giving both owners equal parts.  What happens in reality is that the property can not be divided equally so a judge usually orders it sold and the profits divided equally.  But this is not real property.  So you may have to go back to court to re-open the agreement and to litigate this issue.  I know it may be a pain but it may be the only way.  Good luck.


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