How to get a jointly owned home sold over the objection of a co-owner?

UPDATED: Dec 23, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 23, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to get a jointly owned home sold over the objection of a co-owner?

My wife’s dad passed away over 2 1/2 years ago and left the house in my wife’s and her brother’s names. Her brother wants the house for his son and says he will buy her out but will not put it on the open market. He has yet to pay her any money although he wants her to sign over her share via a quickclaim deed. Also, his son has lived in the house rent free since her father passed away. Can she get get rent from her brother’s son for back rent? How can we get him to either pay her or put it on the open market?

Asked on December 23, 2011 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A co-owner of property is allowed to remain in a jointly owned home but that does not hold true to family members. Your nephew should be obligated to pay one half of the monthly rent for the unit you have written about.

The best way to try and resolve the situation between your wife and her brother is to retain a real estate attorney to represent her in the sale of ther interest in the home assuming she wants to do so. She should sign no quitclaim deed until she consults with legal counsel.

The property needs to be appraised. Once appraised, an offer needs to be made and if accepted, a formal escrow established for the transfer of legal title by your wife where she gets paid for her interest in the property.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption