Can a property be sold before the probate process?

This waiting for the probate to finish is tough enough as it is, so let’s not make it more complicated. The short answer is no. You don’t own the property until the probate process finishes. That means you don’t have a right to sell the property until the entire probate process gets finished.

Can a property be sold without the consent of the owner?

Generally, a sale of property requires the consent of all owners, but sometimes a sale in lieu of partition can be used to force the sale of property over the objections of owners who don’t want to sell. * This will flag comments for moderators to take action.

Can a court order force me to sell my house?

No and yes. No they can’t just force you to sell without a court order. Yes, they can sue you for what is known as a partition action in which the Court could order you to either buy the interests of your siblings or the property be sold with the proceeds divided. Payment of expenses is likely not the main issue.

Can a family owned property be sold without one member?

From a legal standpoint, if they both wish to sell the property, there is a good possibility that a judge would order you to either purchase their interest in the property at fair market value (i.e., buy them out) or order the sale of the entire property.

Generally, a sale of property requires the consent of all owners, but sometimes a sale in lieu of partition can be used to force the sale of property over the objections of owners who don’t want to sell. * This will flag comments for moderators to take action.

No and yes. No they can’t just force you to sell without a court order. Yes, they can sue you for what is known as a partition action in which the Court could order you to either buy the interests of your siblings or the property be sold with the proceeds divided. Payment of expenses is likely not the main issue.

From a legal standpoint, if they both wish to sell the property, there is a good possibility that a judge would order you to either purchase their interest in the property at fair market value (i.e., buy them out) or order the sale of the entire property.

What happens when owners can’t agree to sell?

The process can be expense and consume a lot of time. Many owners will retain their own lawyer as anyone who doesn’t want the petition to move forward can file with the probate court seeking to stop the process. Usually, objects are overturned as the other owners till maintain the right to force a sale.