When owners of jointly owned property can’t agree on the sale of the entire property, a partition lawsuit to force its sale may be filed. In a partition lawsuit, the court can order the sale of the entire property and divide proceeds among its owners.
Can a house be sell if one partner refuses?
If the co-owner is not willing to sell their share, they may be agreeable to buy your share. In either case, once the share is transferred the legal owner(s)has control of the property. Sell your share to another buyer. Legal ownership provides the right to sell the portion of the property specified.
What happens if 2 people own a house and 1 wants to sell?
You can obtain a court order to sell a co-owned property if the court finds you have a compelling reason to sell. This is called a partition action. … The court can’t divide a house in half, so instead, it can force owners to sell, even if they’re unwilling.
Can I force a sale of a jointly owned property?
If co-owners are unable to agree whether jointly owned property should be sold or transferred, the co-owner(s) wishing to sell the property may commence proceedings in the Supreme Court under section 66G of the Conveyancing Act 1919 (NSW).
How can I sell my house if my partner refuses?
There are two methods which are best when it comes to answering how to sell a house when one partner refuses; either buy your partner out and sell the property when you own it outright or come to an agreement to sell the property together and split the money made from the sale.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
What are my rights if my name is not on a deed?
In single name cases (as opposed to situations where both owners’ names are on the deeds) the starting point is that the ‘non-owner’ (the party whose name is not on the deeds) has no rights over the property. They must therefore establish what is called in law a “beneficial interest”.
Can you sell a house with 2 owners?
If you share ownership with another person, neither of you can sell the property without permission from the other. This isn’t a problem if all the owners agree to sell, but it becomes a big issue when the owners disagree.
What happens to a jointly owned property if one owner dies?
Property held in joint tenancy, tenancy by the entirety, or community property with right of survivorship automatically passes to the survivor when one of the original owners dies. Real estate, bank accounts, vehicles, and investments can all pass this way. No probate is necessary to transfer ownership of the property.
How much does a partition lawsuit cost?
Attorneys’ fees in a partition lawsuit commonly range from around $20,000 to $100,000 or more, and the lawsuit itself can take over a year or two to complete. Costs of partition, which include attorney fees, are generally distributed and paid according to each party’s interest in the property.
Can a court make you sell your house?
A court order is usually required if you and your partner have split up and can’t agree to sell the property, or you cannot afford to repay the mortgage. In some extreme circumstances, homes may be sold for the benefit of the local community, but this is rare.