Can a sister force you to sell your property?

Your sisters cannot force you to sell your interest in the property, without getting a court order for the sale and subsequent distribution of the sales proceeds. The typical way to obtain that kind of order is through a lawsuit for a “partition” of the property.

How does a forced sale of a property work?

A forced sale is a legal process (often called a partition lawsuit) by which the co-owner of a property can accomplished a court-ordered sale of the jointly owned property. The sale occurs under court supervision, ending in division of the property or sale proceeds. But wait!

Can a court force someone to sell their house?

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. But again, in the case of a married couple, the laws are different. Be Sure to Address the Mortgage

How can I force my ex to sell my property?

Your ex can force the sale of your property by obtaining an order for sale from the courts. As seen above, the courts decide on the various types of order based on s15 TOLATA 1996.

Also, you can’t simply force the other owners in your property to sell it entirely without first filing a partition lawsuit. In some cases, it’s more expensive to go through a court-ordered partition and sale of real property than that property is worth.

Can a jointly owned property be forced to sell?

When owners of jointly owned property can’t agree on the sale of the entire property, a partition lawsuit to force its sale may be filed.

How can I force my ex to sell my house?

Also, even after divorce your spouse must still agree to the sale of the home or other real property you owned together, but you may be able to force your ex-spouse to sell real property you owned together by employing a partition lawsuit. Partition lawsuits are used to force the division of property between multiple owners.

When do two people own the same property?

Co-ownership or Joint ownership simply put is when two or more persons hold title to the same property. What are the types of co-ownership? Tenants in Common — When two or more people buy a property but do not specifically mention the share that each has in the property, a ‘tenancy-in-common’ is said to exist.

Can a family owned property be sold without one members consent?

You can buy them out of their 2/3rds appraised value, or you can take 1/3rd of the (forced) sale price. * This will flag comments for moderators to take action. You can always purchase your sisters’ interests in the property. Have an appraisal done and then offer to purchase their shares of the property.

Can a ancestral property be sold without consent of successors?

In the year 1994 I have register my name as a varsa after my father’s death. Now I have sold that property in the year 2012 and in the year 2014 my uncle claimed 50% on the said property through court. From the year 1994 he will not claimed for the said property.

How are siblings entitled to use a property?

In either case, the siblings are tenants in common. Each tenant in common owns a portion of the property but can use the entirety of it. A common example is a house left to four siblings. While each may individually own 25 percent of the house, they are all entitled to use the entirety of the property for their own benefit.

Can a house be left to four siblings?

A common example is a house left to four siblings. While each may individually own 25 percent of the house, they are all entitled to use the entirety of the property for their own benefit. If one sibling wants to sell their share of the tenancy in common, things can get very complicated.