What would you like to do?

What happens if one co-owner wants to sell the property and the other doesn't?

already exists.

Would you like to merge this question into it?

already exists as an alternate of this question.

Would you like to make it the primary and merge this question into it?

exists and is an alternate of .

"You can buy the co-owner out of his or her share of the property, then sell the entire thing as a whole. If the co-owner who doesn't want to sell won't sell his/her share, you can still sell your share to whoever you want. However, as a practical matter, unless we're talking about commercial property that already has several owners, it's doubtful that anyone would want to buy 1/2 an interest in most other property, like a house or something like that. So, unless you can find a buyer for your half interest in the property, you're out of luck."

In response to above, you can't always sell your part interest in a home. Often the deed is structured so both have to sign the deed of sale. If you own a house jointly with your spouse or someone with a right of survivorship you can't sell your 1/2 interest without the other owner signing the deed. Also it is not just commercial properties that have several owners. A lot of inherited properties have multiple owners and it often is a huge issue when some people want to sell and others don't, which is why it is important to detail that in your will if you are passing real property to your heirs i.e. if they don't agree on the fate of the property, they have to sell it and split the proceeds. Every State is different, but you can probably go to a lawyer to force the sale, especially in a divorce, but that means legal fees so the best thing is to try to work it out with the co-owner, perhaps telling her/him that you either sell the house or both of you are going to be paying big bucks in a protracted legal battle.

The main thing is to either do your own legal research or if that is not your thing get a lawyer to find out what you can and need to do in your specific situation.
2 people found this useful
Thanks for the feedback!

If two out of three heirs want to sell property is it legal not to have the others permission?

  No. You can only sell your own interest. The buyer would not acquire full title to the property unless all the owners signed the deed of conveyance. If only two sold the

Can one sell the whole of the property on a 50-50 share without the other consent?

No. The first rule of conveyancing is that a grantor can only sell what they own. When there are multiple owners of property any one owner can only sell their proportionate in

Can a co owner sell a property without consent of other co owner?

No. A co-owner can only sell their own interest in the property. In many states a tenant by the entirety, a tenancy reserved for married couples, cannot convey their interest

Can a co-owner of a property have the other evicted?

Generally, no. Co-owners of real property each have the right to the use and possession of the property. The situation may be modified by a restraining order if the court rend

What can you do when one co-owner refuses to sell jointly held property even after signing a family agreement to sell?

Contact the attorney who drafted the agreement to sell and ask for help in getting the agreement enforced. You will likely need to file a lawsuit. Contact the attorney who dr