What recourse do co-owners of real estate have if all but one wants to sell?

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What recourse do co-owners of real estate have if all but one wants to sell?

My siblings and I are jointly listed on the deed for a 15 acre property. The majority of us want to sell but we anticipate that one of us may not. Can we force the sale?

Asked on June 18, 2012 under Real Estate Law, Colorado

Answers:

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

Answered 10 years ago | Contributor

Speak with an attorney about your concnerns and ask about an action for "partition", which asks a court to divide property equally and if same is not able to be done, then to allow a sale and the money divided.  I think here that you may lose the battle to sell all and that the one sibling has the right to his or her portion of the land at the very least.  Try and work it out.  Good luck.


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