Can you force someone to sell their half of a house?

Getting the Court to Force a Sale You can obtain a court order to sell a co-owned property if the court finds you have a compelling reason to sell. This is called a partition action. The court can’t divide a house in half, so instead, it can force owners to sell, even if they’re unwilling.

When does a family take a partition action?

Commonly, a partition action occurs when a single family home has been left to children in a family trust, and then one of the children wants to sell their share to get the proceeds. It’s each child’s right to sell their share any time they choose.

Can a partition action force the sale of a property?

Ryan Jones, Attorney When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit.

Is the partition of property amongst family members binding?

The partition of property amongst family members may be: Contested – In this case, a lawsuit may be filed in the court, and the decree passed by the court on the basis of the inheritance document or facts of the case, will be binding. Uncontested – In this case, the following may be drafted:

Can a trust attorney litigate a partition action?

You can hire a trust litigation attorney to litigate a partition action. Your attorney may fight to increase the value of your share of the property if, for example, you paid for maintenance, repairs, improvements, property taxes, mortgage payments, etc.

Ryan Jones, Attorney When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit.

Is there a legal way to partition real estate?

A Petition to Partition may be the answer — once you’ve become familiar with the legal device. The number of cohabitants in America has been increasing and this has driven the petition to partition to become more common as a remedy to split real estate and personal property.