How do I force the sale of a jointly owned property?
When owners of jointly owned property can’t agree on the sale of the entire property, a partition lawsuit to force its sale may be filed. In a partition lawsuit, the court can order the sale of the entire property and divide proceeds among its owners.
How do you sell a jointly owned house when one partner refuses?
How to sell a house when one partner refuses – joint tenants
- Refuse a sale.
- Refuse a sale but make an order regulating the right to occupy the property.
- Order a sale.
- Order a sale but suspend the order for a short period.
Can a joint property owner force a sale?
According to the Transfer of Property Act every joint or co-owner has a proprietary right of the entire property. Hence, any sale has to be done with the consent of all co-owners involved.
What happens if one person wants to sell a house and the other doesn t?
If you share ownership with another person, neither of you can sell the property without permission from the other. This isn’t a problem if all the owners agree to sell, but it becomes a big issue when the owners disagree. … You can also sell your ownership claim to someone else or ask the court to force a sale.
What happens if only one person wants to sell the house?
You will likely have to buy her out or sell. She can go to court and seek “partition” – which is a court order for the sale of the property.
Can I sell my house if my wife doesn’t want to?
You can only sell the house without consent from your spouse (this includes civil partnerships) if they are not joint owners. If you are the only person named on the official copies or title deeds for the property then you are the sole owner and you would not fall into this category.
How do you dissolve joint property ownership?
To completely dissolve the ownership of both parties in the property you must sell it. Draw up an agreement that outlines your terms in writing to avoid disagreements in the future and ask a lawyer to review the contract. Advertise the property for sale. Set a price along with the other owner.