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What court do you contact when two out of three joint tenants want to force sale of property?
Jazztoo
Each state has different titles for its courts and you should be able to look up this information on your locat court's website. For example, California has unified trial courts and are all known as superior court. Then there is the Courts of Appeal and the Supreme Court. In New York, the to trial court is called the Supreme Court and the highest court of appeal is the Superior Court. Basically you are talking about a partition lawsuit. You should consult a local real estate attorney for assistance. Generally, you would contact that states trial level court, as opposed to its appellate and supreme court. (Although in New York at least the trial level court is called the Supreme Court.) Then within the trial court, there may be a further division between Law and Equity(also called Chancery). Most likely a partition action would be heard in the Equity(Chancery) division if there is a separate division, because partition is considered an "equitable remedy." A "legal remedy" is one where a court awards monetary damages, like in accident cases. In general, an "equitable remedy" is one where the court orders something to be done. Having seen this type of case in California, the Court gave the Joint Tenants two choices: Those not wanting to sell the property were allowed to buy the remaining Joint Tenant out, -- or -- allow the sale of the entire property.
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∙ 15y ago
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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.
How do you Force sale of home when estate is closed?
If the other part owners do not want to sell the property one of the tenants in common can petition the probate court to Partition the property. In that case, it will be placed under the authority of the court, a commissioner will be appointed and the property will be sold with the net proceeds divided amongst the heirs or beneficiaries. It is a costly procedure. If the other owners want to keep the property it may be better to offer to purchase the interest of the one who wants to sell.
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.
If parents sold an undivided interest in property to a son for a fair market value and the parents decide to sell can the son be forced to sell?
If you have an undivided interest in property you cannot be forced to sell by the co-owners. Only a court can force a sale. Your parents would need to petition the court to partition the property. The court would divide the property if possible. If not possible then the property would be sold and the proceeds, after legal costs, would be divided amongst the co-tenants. A partition proceeding can be costly. However, your parents could sell their interest in the property to a third party who would then become your co-tenant in common.
Can one owner force 2 others to sell house?
Maybe. Such issues generally end up with the parties who wish to sell the property filing a suit in circuit court to have the property partitioned. The judge decides whether or not the property in question is subject to a forced sale under the existing laws of the state where the property is located.
Does the frictional force depends on the contact area?
The contact area hardly affects the frictional force. The frictional force depends on the normal force, and the coefficient of friction, which is a property you have to look up (or measure) for every pair of materials.
How do 5 owners of a home force the sale if 2 do want to sell?
It depends upon how the property is titled. If the owners are Tenants-in-Common they may sell their share of the property without the permission of any of the others. If the property is titled differently than TIC they will probably need to file a Motion to Partition in the appropriate state court. Unfortunately selling "parts" of a property especially a house is almost impossible to accomplish even though it is legally possible.
Can a new landlord force tenants to move out of one bedroom apartment to a room with no kitchen just so they can move in there?
Absolutely not. If you have a contract, you are as good as gold. Take him to court.
Can you force someone to sign a quit claim deed to jointly-owned property if they have not paid their portion of the mortgage or property taxes?
You do not have the authority to force a co-owner to sign a deed. You would need to sue in court and obtain a court order that they convey their interest to you.
Is elastic force a contact force or a non- contact force?
A spring force is a contact force not a non-contact force.
If a property is owned jointly and there is a judgment on one of the owners can the property be sold?
A creditor can force the sale of only the debtor's interest in jointly owned property. However, creditors don't often bother to try to sell a half interest in property.On the other hand, if the joint tenants want to sell the property, the lien must be paid off in order to clear the title so the property can be sold. The lien is generally paid from the proceeds of the sale at the time of the closing.In the case of a tenancy by the entirety, a creditor cannot force the sale of the property for a debt made by one of the tenants by the entirety. If the property must be sold by the owners the lien is generally paid off from the proceeds of the sale at the time of the closing.
What benefit is there in putting new spouse on deed to home?
Only married people can own property as tenants by the entirety and it has special features. If one dies the title to the property passes automatically to the other. The right to survivorship cannot be severed. The debt of one cannot be used to force the sale of the property.
