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If the property cannot be reasonably divided, the court will appoint a commissioner to sell the property. The legal costs and costs of selling the property will be deducted from the proceeds when the property has been sold and the net proceeds will be divided equally amongst the co-owners.

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Q: If two people own property in Colorado as tenants in common what is the likely outcome of a partition?
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What is Partition in property law?

If an owner of co-owned property wants to sell and the other(s) do not, a Petition For Partition can be filed in a court of equity. If the property cannot be divided then the court will appoint a commissioner who will sell the property. The proceeds less all the legal costs will be equally divided among the owners. Property held as tenants by the entirety cannot be partitioned.


How do you get all property to the surviving spouse in a common property state?

You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.You should title all property as joint tenants with the right of survivorship or as tenants by the entirety.


Can you petition to force the sale of a property if you own one third interest?

Yes. You can Petition to Partition the property in a court of equity. If allowed, the court would then appoint a commissioner who, if dividing the property is not feasible, will market and sell the property. The net proceeds, after legal expenses, will be equally divided among the tenants in common.


What is an vacant property without tenants called?

vacant, without tenants called


Today renting a property is one of the important sources of income for landlords. What are steps for screening tenants before signing a lease or agreement?

While renting your property, you need to ensure that your tenants are qualified for handling or residing in your property. Screening tenants helps you to get qualified tenants and you will get an opportunity to know your tenants better before signing lease or rental agreement.here are steps for screening tenants.


Can a joint tenant force sale of the property?

Yes, land owned by tenants in common can be sold by a court decree through a partition proceeding in a court of equity. However, the costs will be deducted from the proceeds of the sale before they are equally divided between the co-owners. A partition proceeding can be costly. The issue should be discussed with the other tenant in common first. It may be cheaper for them to buy out the interest of the co-owner who wants to sell.


Does Canada allow Tenants by the Entirety?

Which states have Tenants by the Entirety on property? Does New Mexico have it?


What is the difference between Property owner's liability and Tenants liability?

Property owners Liability is the financial , legal liability attaches to property owners due to their property, where as tenants libility vice versa


What is the purpose of TenantCheck?

A Tenant Check or Tenant Screening is a check initiated by a landlord or property owner before renting an apartment, room or house. The outcome will determine if the future tenants are able to afford the rent. It is also possible to find out if the tenants had any bad records before.


Can a co owner sell his share with the consent of other?

Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.Yes, as long as the property is not held as tenants by the entirety: a tenancy reserved for married couples.


If you are not married and have joint tenancy how can you get out?

File a partition action. One of the joint tenants sign a quit deed.


Could I deed a property to my son without my husband's consent We are joint tenants with survivorship?

Yes. If you own as joint tenants you can convey your interest to your son. He would then own the property as tenants in common with your husband. If you live in a community property state the answer may be different. You should consult with an attorney.