Can you be forced to sell a jointly owned property?

If you are living in the jointly owned family home, unless you agree to voluntarily sell the home your spouse or partner can apply to the Court for an order for sale of the property. The Court will normally only make an Order for sale at a final hearing.

Do all heirs have to agree to sell property?

The sale agreement must be subject to the prior written permission of the heirs in the estate. If the property has to be sold, the executor will sign the deed of sale on behalf of the estate and this will be deemed as a valid and legal will.

How do I force a co-owner to sell?

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.

Can a property be sold without consent?

Hi, No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

What happens if one person wants to sell a multi-owner house?

When one party of a multi-owner house wants to sell, but the other owners don’t, the simplest solution is for the person who wants out to sell their share — if legally allowed. However, if multiple owners want to sell, but one or more doesn’t and you can’t come to some kind of buyout agreement, then you may have no choice but to take legal action.

How does a court decide to force a buyout or sale?

The court will decide whether one party has the legal grounds to force a buy out or a sale. The deceased person’s will determines how the property is transferred and held by the beneficiaries. Many wills direct the estate administrator to sell the property and split the net proceeds among the beneficiaries.

Can you buy out a third person for a house?

In my opinion, you have only two choices. If the third person has money, you both can be bought out so the third person will own the entire property. But that doesn’t always work.

What to do when co-owners want to sell the House?

Perhaps the co-owners who wish to sell could transfer the home to the owner who does not, in return for a monthly repayment, made over a period of years, until he has paid the purchase price. Perhaps you could rent the home.