can a land co-owner force a sale, distribution, or other action

UPDATED: Aug 9, 2017

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can a land co-owner force a sale, distribution, or other action

two of us own a parcel of ground equally, 50 each. Can one owner force the
sale, redistribution, use, lack of use, etc. without the agreement or consent of
the other owner?

Asked on August 9, 2017 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, your co-owner can force a sale of the land through a kind of lawsuit commonly known as an "action for partition." When the owners of real estate cannot agree as to what to do with it, the law allows one to bring a legal action seeking a court order for the sale of the property. The proceeds of sale will be distributed among the owners, in their ownership percentages, after paying the costs of sale and paying off any mortgages, HELOCs, or liens.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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