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Can one joint owner in a home be forced to sell if other wants to sell?
Wiki User
∙ 10y ago
ADVICE: Go see a Lawyer!!! But also, in general, it is possible to sue an individual, and in winning, you would have a judgment listed in the courthouse of your domicile, which in most states can be turned into an action to seize personal property(anything other than real estate), or go to a different court (I would guess it would have to be a forced bankruptcy by a creditor) and try to then seize a piece of real estate...I repeat, Go see a lawyer, it just might save your house. But, I'm not a lawyer, just trying to help.
Wiki User
∙ 12y ago
Wiki User
∙ 10y agoYes, as long as the owners are not tenants by the entirety and if the one who wants to sell brings a petition to partitionto the court. If approved, the court can order that the land be sold and the net proceeds, after legal costs, be divided equally.
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What is the procedure to transfer a joint property to a single owner who is one of the joint owners already?
The owner who wants to transfer their interest can execute a quitclaim deed naming the other as the grantee. The deed should be drafted by a professional since errors made by non-professionals can be costly to resolve down the road, if they can be resolved. The deed should be recorded immediately.
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.
can one person sell a home but there are two other people on the deed?
When a property is co-owned by two or more people as tenants in common or joint tenants each owner can only sell their own interest in the property. They cannot transfer the interest of the other owners. If three people own a property and one wants to sell, that one can try to find a buyer for their share and that buyer will share the property with the other two owners. However, not a lot of buyers would want to share a property with strangers. Each joint owner has the right to the use and possession of the entire property.A better solution when one joint owner wants to sell is for the other owner(s) to make them a fair offer and buy them out.
Can a tenancy in common apply when the property is owned jointly?
The term "joint tenancy" should be reserved for a joint tenancy with the right of survivorship. Although many sources refer to tenants in common as a form of joint ownership that is a misuse of the term and is misleading. Joint tenancy and tenancy in common are properly referred to as different forms of co-ownership or concurrent ownership.If two people acquired the property as joint tenants with the right of survivorship and one dies their interest automatically passes to the surviving joint tenant and the property bypasses probate. A properly drafted joint tenancy cannot be changed as to the survivorship rights of the co-owner when one owner dies. A joint owner cannot leave their interest in the property by their will to any other person.A co-owner who owns property as a joint tenant can break that tenancy and convert it to a tenancy-in-common during life by different methods in different states. In some states a statement can be recorded in the land records declaring the co-owner wants to dissolve the joint tenancy. In other states the co-owner must convey their interest to a straw and the straw conveys it back free of the joint tenancy. A joint tenant can convey their interest to another person during life and the result will be a tenancy in common.When two people own property as tenants-in-common, when one dies their half interest will pass to their heirs by their will or by the state laws of intestacy if there is no will.
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He just wants you for sex. He doesn't want to commit because he wants to be available to be with other women.
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No one wants to be forced to be gay. But the good news is, sexual orientation is not changeable.
What loan documents are needed when on title but not loan?
Generally a bank does not knowingly loan money on real property unless all the owners sign the mortgage. In case of a default the bank wants to be able to take full possession of the property by a foreclosure proceeding. If only one joint owner signed the mortgage the bank can only take possession of that person's interest in the property. Such a situation is not in the best interest of the bank. Banks don't usually seek situations where they will become a tenant in common with some other person. When only one joint owner obtains a mortgage it is usually due to the error, malpractice, poor business practices or lack of experience of the lender's representative. However, if you have made the decision to be the mortgagee on a loan by one joint owner you generally need to have that owner execute a note and a mortgage. You should check your state laws for the requirements to acquire an effective interest in the property as a mortgagee. You should also consider the possibility that you may become a co-owner with the other non-mortgaging party if the mortgagor defaults.
If parents have joint custody can a 16 yr old boy live where he wants to liveif one parent gives permission?
Only with the permission of the other parent.
What if one co-owner wants out of mortgage?
The mortgage must be paid off and the co-owner must refinance in their own name. The one who wants to take their name off the mortgage must convey their interest to the co-owner by deed.
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Who was Forced to remove people from their homeland?
A person who is extradited is also forced to leave the country, because the police of another country wants him or her to be returned to that country to be tried for a crime. Also, refugees are forced to leave their country by reason of war or other breakdowns of ordinary social functions.
