I am one fifth owner of an estate can I be forced to sell

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I am one fifth owner of an estate can I be forced to sell

Was left the house two one
sister five brothers trying
to force me to sell is it
possible.

Asked on March 16, 2017 under Estate Planning, Michigan

Answers:

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

Answered 5 years ago | Contributor

Once the property is titled in all of your names, your siblings could force you to sell. That is if they file an action in "partition". This is a legal remedy employed when owners of jointly held property cannot agree as to ownership matters. In such an action, the court will order that the property be divided, if practical. If not, (as in this case since it is a single family house), then the property will be ordered sold and the proceeds equitably divided. First however, the owner who does not want to sell will have the opportunity to buy out the other owners for fair market value (or less if they agree).

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

Answered 5 years ago | Contributor

Once the property is titled in all of your names, your siblings could force you to sell. That is if they file an action in "partition". This is a legal remedy employed when owners of jointly held property cannot agree as to ownership matters. In such an action, the court will order that the property be divided, if practical. If not, (as in this case since it is a single family house), then the property will be ordered sold and the proceeds equitably divided. First however, the owner who does not want to sell will have the opportunity to buy out the other owners for fair market value (or less if they agree).


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