How to Sell a House if the other person doesn't want to?

Описание: What if one owner doesn't want to sell the house?

A real estate partition action, also known as a partition lawsuit or partition action, is a legal proceeding used to resolve disputes between co-owners of a property when they cannot agree on how to divide or manage the property. This type of action typically arises when multiple individuals jointly own a piece of real estate, such as a house, land, or commercial property, and one or more of the co-owners want to end the shared ownership and either divide the property or sell it and distribute the proceeds among the co-owners.

There are two primary types of real estate co-ownership:

Tenancy in Common: Each co-owner holds an undivided interest in the property, and their ownership shares may not be equal. They have the right to transfer or sell their interest in the property without the consent of the other co-owners.

Joint Tenancy with Right of Survivorship: Each co-owner has an equal share in the property, and when one co-owner dies, their share automatically passes to the surviving co-owners.

In a real estate partition action, the co-owner seeking to end the shared ownership can file a lawsuit in court to force the partition of the property. The court will then determine how the property should be divided among the co-owners or whether it should be sold, with the proceeds distributed among them.

There are two common types of partition:

Partition in Kind: The court divides the property physically, allowing each co-owner to receive a specific portion of the property. This is often an option for properties that can be easily divided, such as large plots of land.

Partition by Sale: If the property cannot be physically divided without causing significant harm or if the co-owners cannot agree on a fair division, the court may order the sale of the property. The proceeds from the sale are then distributed among the co-owners based on their ownership interests.

It's essential to note that the process of a partition action can be complex and may involve legal fees and other costs. Before pursuing a partition action, it's advisable for the co-owners to try to negotiate a resolution or seek mediation to avoid the need for litigation. If the parties cannot come to an agreement, consulting with a real estate attorney is crucial to understand the specific laws and procedures governing partition actions in their jurisdiction.

My Preferred Attorney:

Elijah Underwood
916.318.8000

428 J St 4th Floor
Sacramento, California 95814

https://www.underwood.law

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