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!

When two people are left one house and one wants to sell but other wont and cant buy other out what happens?

The person who wants to sell their share has the right to do so. If the co-owner will not or can not buy that person's share then perhaps another buyer of the half interest co

Can one tenant in common force the other to sell 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 o

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

What happens if one spouse leaves the home and the other wants to sell do they have rights to it?

In most countries the property of the partners in a marriage belongs to them both and when they get divorced or separate, this property is divided (in two) between them. If th

Onbne piece of property is owned by two heirs and one wants to sell to the other how would this be worded on the sales contract?

You should consult an attorney who can review your needs and draft the contract and the deed. The attorney who is handling the estate can help you since an estate that has rea

Can an executor sell property even if the beneficary doesn't want them to?

Yes, the executor has the duty to carry out the instructions of the will regardless of what any potential beneficiaries may want. There may be situations in which the executor

I want to sell the house my brother and I inherited but he doesn't. Can I charge rent from him until till he buys me out or we sell the property?

You need legal advice. Even if your brother has a half interest in the property he has the right to the use and possession of the entire property. You cannot charge him rent.

Can one co-owner sell a heritage property without the other co-owner's consent in South Africa?

A co-owner may only sell what they own- their proportionate interest in the property. They cannot sell the interest of the other owner. . A co-owner may only sell what they o

Can one owner of property owned by a survivorship deed sell their interest to someone else if the other party is still alive?

It depends on the details and the laws in your jurisdiction. There are several possible scenarios and survivorship deeds can be for a joint tenancy or a tenancy by the enti