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Yes, by a partition. See related question.

Yes, by a partition. See related question.

Yes, by a partition. See related question.

Yes, by a partition. See related question.

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12y ago
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11y ago

No. You cannot force the other owner to sell their share to you. You can file a petition for partition and the court will appoint a commissioner to market and sell the property. The proceeds, after all the legal fees and costs, will be divided equally between the co-owners.

No. You cannot force the other owner to sell their share to you. You can file a petition for partition and the court will appoint a commissioner to market and sell the property. The proceeds, after all the legal fees and costs, will be divided equally between the co-owners.

No. You cannot force the other owner to sell their share to you. You can file a petition for partition and the court will appoint a commissioner to market and sell the property. The proceeds, after all the legal fees and costs, will be divided equally between the co-owners.

No. You cannot force the other owner to sell their share to you. You can file a petition for partition and the court will appoint a commissioner to market and sell the property. The proceeds, after all the legal fees and costs, will be divided equally between the co-owners.

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11y ago

No. You cannot force the other owner to sell their share to you. You can file a petition for partition and the court will appoint a commissioner to market and sell the property. The proceeds, after all the legal fees and costs, will be divided equally between the co-owners.

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10y ago

When land is under co-ownership of two or more people who cannot agree on what to do with the land, any owner can file a Petition to Partition in the appropriate court. The court will appoint a commissioner who is paid a fee and who will oversee the partition.

The commissioner may divide the land if that is feasible such as when there are multiple tracts or a single large tract. If dividing the land is not feasible then the commissioner can arrange to list the property and sell it. The net proceeds are divided according to each owner's interest after the costs and expenses associated with the Partition have been deducted. You should consult with an attorney who specializes in real estate law.

Property owned as tenants-by-the-entirety cannot be partitioned.

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12y ago

Yes, by a partition. See related question.

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Q: Can a co owner force a sale of the property if the other is living in it?
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What if property is listed as joint tenants with rights of survivorship and there are other living children?

If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.If a property is owned as joint tenants with the right of survivorship and one owner dies the surviving owner automatically becomes the sole owner. The property does not become part of the decedent's estate. That is the purpose of a survivorship deed.Any other living children would have no interest in the property.


Can you have your name on the deed of a property that you are only living in?

Yes. If the legal owner transfers the property to you by their deed.Yes. If the legal owner transfers the property to you by their deed.Yes. If the legal owner transfers the property to you by their deed.Yes. If the legal owner transfers the property to you by their deed.


What is the priority between a deed of gift and a devise in a will?

If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.


Can you force someone to sign a quit claim deed to jointly owned property if they were ousted from said property by a court order?

No. Every owner by deed has the right to the use and possession of the property. The other owner(s) does not have the right to "oust" them without a court order.No. Every owner by deed has the right to the use and possession of the property. The other owner(s) does not have the right to "oust" them without a court order.No. Every owner by deed has the right to the use and possession of the property. The other owner(s) does not have the right to "oust" them without a court order.No. Every owner by deed has the right to the use and possession of the property. The other owner(s) does not have the right to "oust" them without a court order.


Can the primary owner take the secondary owner off?

One owner of property cannot "take the other owner off". The second owner of the property must transfer their interest voluntarily.


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 own- their proportionate interest in the property. They cannot sell the interest of the other owner.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 own- their proportionate interest in the property. They cannot sell the interest of the other owner.


Can the executor of the estate transfer ownership of home to executor with consent of living owner?

You can't be the executor of an estate if the individual is still living. Property transfers are done the same as any other time.


Does an heir have rights to use of easement while the owner is still living?

First, an heir is not an heir until a benefactor dies. Therefore, the person you refer to as the heir has no right to the owner's property while the owner is living.


What does the Revocable Living Trust provide?

A revocable living trust is very similar to a living will. The owner of money or property can determine what happens to their estate after their death.


Can on a jointly owned property be changed without the other owner's signature?

You cannot make any changes to the other owner's interest in the property without that owner's consent and signature. For example, if you sell the property the grantee will only receive your own one-half interest.


Can the Mortgage be in your name and deed be in both your names not married?

All the owners of the property will be required to sign the mortgage so that in the case of a foreclosure the lender can take possession of the property. If only one owner signs the bank cannot foreclose on the other owner's interest.All the owners of the property will be required to sign the mortgage so that in the case of a foreclosure the lender can take possession of the property. If only one owner signs the bank cannot foreclose on the other owner's interest.All the owners of the property will be required to sign the mortgage so that in the case of a foreclosure the lender can take possession of the property. If only one owner signs the bank cannot foreclose on the other owner's interest.All the owners of the property will be required to sign the mortgage so that in the case of a foreclosure the lender can take possession of the property. If only one owner signs the bank cannot foreclose on the other owner's interest.


Can the joint property holder transfer the property?

Generally, they can transfer their own interest in the property but not the interest of the other co-owner.Generally, they can transfer their own interest in the property but not the interest of the other co-owner.Generally, they can transfer their own interest in the property but not the interest of the other co-owner.Generally, they can transfer their own interest in the property but not the interest of the other co-owner.