Users' questions

Can you force a co owner to sell a house?

Can you force a co owner to sell a house?

You can obtain a court order to sell a co-owned property if the court finds you have a compelling reason to sell. The court can’t divide a house in half, so instead, it can force owners to sell, even if they’re unwilling. Profit or loss from the sale is divided among the owners based on their stake.

Can a property be sold if only one person wants to?

If both parties agree, the sale of the property should be quite straight-forward. It’s more complicated, however, if one person wants to sell against the wishes of the other. If only one of you wants to sell (perhaps to get their money out) then they cannot do so without applying to the court to force the sale against the wishes of the co-owner.

Can a co-owner force the sale of a property?

The law allows any co-owner to facture the joint ownership via a partition action. Yes! In most cases, ANY co-owner (even a minority owner) can force a sale of the property regardless of whether the other owners want to sell or not.

Can you sell your house if your co owner doesn’t want to?

If you want to sell the house and your co-owner doesn’t, you can sell your share. Your co-owner probably won’t like this option, however, unless they know and feel comfortable with their new co-owner.

Can you sell a house with multiple owners?

Under joint tenancy, however, an owner can still sell their interest in a property to someone else before they die. If you buy property with your siblings… You may choose in this case to own the house as tenants in common.

Can a co owner of a property be forced to sell?

So selling property shares like this isn’t a feasible option unless the co-owner knows and likes the new co-owner. However, in some cases– such as within a marriage –the right to sell co-owned shares of property is suspended. Getting the Court to Force a Sale

What to do if your co owner Won’t Sell Your House?

One option is for you to buy your co-owner’s share of the property. After the buyout, you’ll own the home by yourself and may do with it as you please. If your co-owner doesn’t want to sell, however, they may be reluctant to sell even to you.

Can you sell a property with someone else?

However, if you own a property with someone else, you can’t sell that property without consent from the other owner or owners. You can probably imagine that co-ownership of property is an issue if the owners don’t agree about selling. In this case, there are some options to force the sale.

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.