If land was left to mom and uncle in a Will, can a buyout be forced?

UPDATED: Jun 29, 2017

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: Jun 29, 2017Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If land was left to mom and uncle in a Will, can a buyout be forced?

My mom and uncle are equal owners. My uncle doesn’t want any interest in any of it but doesn’t want a buyout.

Asked on June 29, 2017 under Real Estate Law, Virginia


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

Answered 5 years ago | Contributor

Now that they are the legal owners of the property, your mother can file for an action in "parition". This is the legal remedy that is employed when owners of jointly held property cannot agree as to ownership matters. In such an action, if the property can be divided the court will so instruct. Each party can then do with the property as they wish. However, where divsion is impractical or impossible then the court can order a "sale in lieu of partition". So fo rexample, the land in questin cannot be subdivided, then it will be sold at fair market value and the proceeds equitably divided. That having been said, before it is put on the market, any owner who wishes to keep the property has the option of buying out the other owner(s).

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 AttorneyPages.com 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