selling or purchasing a joint land or property is always stressful. In comparison between the 2 of them selling is more stressful especially, when it is joint property and the other legal owner disagrees to sell. In that case, the legal owner can make an application to the court and wait for the granting.
However, it is a stressful process and it can cost a big amount of money. Plus, there are some rules and regulations. When there is a legal document within a Deed of Trust then the proceedings will go in a different way.
In this article, I am going to explain the topic “Can a joint owner of a property force a sale?” I will also discuss some related topics and the way of forcing a sale of a jointly owned property. Before discussing all that I will describe what is
What is a Force Sale?
A forced sale is a legal procedure of accomplishing a court-order sale of a jointly owned land or property. Here a co-owner of the property appeals to the court for permission to sell the property against the will of the other co-owner of the property.
In that condition, the sale generally occurs under the supervision of the court. Here the result of the appeal can go against the appealer. Again it can result in another way – the division of property. This forced sale process is sometimes called partition lawsuit.
Common Intentions of Joint Property and Legal Situation for Termination
Here I will explain some common Intentions that are related to joint property purchasing. And, when the intention can be changed and force the co-owner for sale.
1. Investment
Very often we see people are purchasing any property or land for making some financial gain. They rent the property or the house for making regular money. When it goes without benefits one co-owner can appeal for selling the property.
2. Family Home
It is a common way for couples to purchase a house. Generally, a husband and wife get the share and the main objective here is to raise their children. This deed is for a certain period of time. When their kid raises up and faces the time to move from the place then the intention can be changed.
3. Matrimonial House
In this case, a married couple will purchase a house for the purpose of living in the house together. As long as they stay together peacefully there come no questions to sell (Without any exceptional reason). But if they get divorced or decide to live separately then the intention will change. Mainly the condition stands based on their relationship status.
4. Matrimonial Property
This is also a couple of purchases formed by a young couple. Here they but the properly with a view to separate ownership and there is a condition that they can resell it in the future. Generally, the condition starts with the condition of living in the house for a short period of time. Later on, they can change it and make it their marital home.
How do I Force a sale of a jointly Owned Home?
Here I will discuss how can you force a sale of a joint home.
1. Confirm the Title
First of all, you have to understand and clarify the current ownership and percentage of the property. It’s better to create a title report from a title company. It may cost a flat $100 cost. The title will show your legal ownership. If your case ends up in partition action you will need copies of the deed or the title report.
2. Identify the Benefits & Burdens of the Property
Now you need to understand the benefits and burden of the property you own. The benefits include profits, leasing money, own property, etc. Likewise, the burden includes taxes, repairing costs, mortgage payments, etc. Now you have to clarify who consumes how much benefits and who paid for the burden how much.
The one who paid more for financial burdens has the possibility to get more percentage.
3. Try for a Voluntary Sale
Before filing a lawsuit try to convince your property partner. Let him understand the reasons and why it is important to sell. If he doesn’t agree then put some pressure. If he does not agree still then fill up a lawsuit. Make sure to mention you have tried for a voluntary sale before making a lawsuit.
4. File and Serve a Lawsuit
Now it’s time to make the lawsuit but make sure that the file is following the partition statutes. Most of the co-owners hire an attorney. You can also handle it yourself but you have to go through different procedures. Also, make sure that the lawsuit is served on all parties in accordance with the law of the state.
5. Possible Ways to Divide the Property
If you own a rural property, acreage, or land then you can go through the “Division in Kind” rule. It means the property will be divided into peace and each co-owner will get their legal share. Then they can sell it separately.
If that is not possible for the property, then the property will go through a forcibly selling process.
6. Get the Appraisal
The partition process won’t start till receiving the appraisal from the judge. Then the judge will allow appointing a real estate agent. They will look for the property and determine the value. The value will be filed and the court will take a record of that.
7. Selling and Division
Everything is ready. Now you have to make proper marketing, find a real estate agent, and sell the property (Click here to learn how to find a really good estate agent). Then the money will be divided into quality proton according to the share. If you have the share of 10% of the property, then you will get the exact 10% of the value. Keep in mind, the profit-sharing can be changed if any co-owner call for an accounting. The court will then evaluate the burdens and benefits and divide the profit according to the legal data.
FAQs
Can a joint owner of a property force a sale?
Yes, a co-owner of a property force a sale by filling up a lawsuit and showing the legal issues for selling.
What happens if one co-owner wants to sell the property and the other doesn’t
If there is any possible way to sell a portion of the property, then you can sell that. The next thing is you can sell your share.
You camp also try to convince the other co-owners or for face a little. If it doesn’t work, then fill up a lawsuit for property division.
Can a spouse force the sale of a house?
Yes, they can force the sale of a house. Especially, when they are separate it is completely legal to appeal for it.
Can my ex refuse to sell our house?
If the house is named between the two of you and you are not legally divorced yet them your ex has the right to refuse to sell your house.
Can my ex sell the house without my permission?
If the property is in your name and you own all then you don’t need the permission of your ex. But if it is a joint property then you have to go through property division.
Can I sell my half of a jointly owned property?
If there is not bound with any agreement or restriction, then you can sell half of the joint property. (It must be favorable for sale).
Final Words
It’s a little bit complex procedure to sell a house without the permission of the other co-owner. However, it is possible to sell by convincing or by filing a lawsuit. But keep in mind it will take 6-12 months (on average) to complete a partition deal. I have also discussed some common FAQs related to the task. Hopefully, you have no more confusion about this topic now.