when there is more than one owner of property, in this case land, can one of the owners force the sell of the said property.

UPDATED: Sep 30, 2022

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when there is more than one owner of property, in this case land, can one of the owners force the sell of the said property.

Two people own the property and one doesn’t want to sell.

Asked on March 15, 2017 under Real Estate Law, North Carolina


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

Answered 5 years ago | Contributor

You can file what is called an action for "partition". This is a legal remedy employed when co-owners property cannot agree as to ownership matters. In such an action, if the property can be equally divided it will be. If it cannot be so divided, then the judge will order its sale with an equitable distribution of the proceeds. However, before offering the property to the general public, any owner who wants to keep the property will have the chance to buy out the other owner for fair market value.

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