If 3 people own equal interests in property, what are the rights of 1 party to sell part of it?

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If 3 people own equal interests in property, what are the rights of 1 party to sell part of it?

Asked on November 27, 2012 under Real Estate Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, generally not.  Owning as Tenants in Common generally means that you have an "undivided" interest in the property and you can not sell your portion with out the agreement of the others.  Your portion can, though, be passed down by Will or intestacy statute.  Read your deed to be sure how it is held.  Good luck.


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