Can I be forced to sell a home?

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Can I be forced to sell a home?

My aunt died without a Will. Now it goes to my 2 brothers and myself; 1 brother and I was to live in it. Can the other brother make us sell it?

Asked on July 27, 2017 under Real Estate Law, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that when co-owners of jointly held real estate cannot agree as to ownership matters, the law provides the remedy of "partition". This is a legal tool that is employed in a situation such as yours. In a partition action, if a property can be equally divided, the court will so instruct. However, if division is impractical (as in the case of a single family house), then the court will order a sale with the proceeds equitably distributed. First, however, any owner who wants to keep the property will be given the chance to buy out the other owner(s) for fair market value.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that when co-owners of jointly held real estate cannot agree as to ownership matters, the law provides the remedy of "partition". This is a legal tool that is employed in a situation such as yours. In a partition action, if a property can be equally divided, the court will so instruct. However, if division is impractical (as in the case of a single family house), then the court will order a sale with the proceeds equitably distributed. First, however, any owner who wants to keep the property will be given the chance to buy out the other owner(s) for fair market value.


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