Sell my 50 share of a property

UPDATED: Oct 2, 2022

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Sell my 50 share of a property

I just inherited 50 ownership of a
home with my sibling, and have no
interest in keeping it but my sibling
doesn’t want to sell.

Asked on August 18, 2019 under Real Estate Law, California


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

Answered 3 years ago | Contributor

When joint owners cannot agree as to ownership matters, the law provides the remedy of "partition". In such an action, a judge will order that the property be divided, if practical. If not, such as in the case of a single family house, then it will order what a "sale in lieu of partition". Accordingly, the property will be put on the market and sold for fair market value. The proceeds then will be equitably distributed. First, however, before being offered to any 3rd parties, any owner who wants to buy out the other owner(s) can do so (again for fair market value). Just know, that this can oly be done once the property is transferred into your names by the estate.

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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