Can one co-owner remove the other co-owner from a real-property title without consent?

Answer 1

Yes, even if the other co-owner(s) object(s). A tresspasser, or even a tenant cannot be stopped from being evicted, for if it is held otherwise, then a tenant or trespasser in collusion with one of many co-owners perpetuate his stay.

Answer 2

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 in the property.

If two people own property and only one wants to sell, that party can offer to sell their interest to the one who wants to keep the property, at a fair price keeping in mind that other legal solutions can be extremely costly. If that doesn't work the one who wants to sell can file a petition to partition in a court of equity and ask the court to order a sale.

If the court allows the petition it will appoint a commissioner to have the property appraised. The commissioner will market it through a real estate agency and sell once an acceptable offer has been made. The costs associated with a sale by partition are high since court costs, legal costs and several professionals must be paid from the proceeds. Once all the costs have been paid the net proceeds are divided equally among the owners.

Answer 3

You should make an appointment with an attorney who specializes in real estate law/landlord tenant issues who can review your situation and explain your options under the laws in your jurisdiction.

Answer 4

Absolutely not. One co-owner has no legal right to take or sell the property of the other co-owner