How can I sell property that I co-own with another so as to get my share?

UPDATED: Sep 30, 2022

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How can I sell property that I co-own with another so as to get my share?

I own 2/3 of the real estate left by our parents and my half sister owns 1/3. I want tosell and move the property to get my share but my sister refuses to vacate and sellinsisting she owns 1/3 right. Can I force her to move and sell? How?

Asked on January 12, 2017 under Real Estate Law, New Jersey


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

Answered 5 years ago | Contributor

You can pursue what is called an action in "partition", which is a legal remedy that is employed when owners of jointly held property (real or personal) cannot agree as to ownership matters. Accordingly, if a property can be divided, then a judge will so instruct. However, if the property cannot be divided (as in the case of a single family house), then a "sale in lieu of partition" will be ordered. This means that theproperty will be sold and the prceeds equitably distributed among the owners. However, before a sale would be ordered, a co-owner(s) would be given the right to try and negotiate a buy out of the other owner.

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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