How can I get out of a co-own homes it is paid for and there is no getting along with the co-owner? 31 Answers as of December 17, 2013

I went to sell but the other own does not want to sell and we cannot buy the other out.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
You can sue to have the property settled.
Answer Applies to: Michigan
Replied: 12/17/2013
David Hoines Law
David Hoines Law | David Hoines
You can file lawsuit for partition consult an attorney.
Answer Applies to: Florida
Replied: 12/17/2013
Stephens Gourley & Bywater | David A. Stephens
File a suit to get an order of sale.
Answer Applies to: Nevada
Replied: 12/17/2013
Law Offices of Frances Headley | Frances Headley
You can petition the court to partition the property. The court will order the property sold and the proceeds divided. You should consult a real estate attorney.
Answer Applies to: California
Replied: 12/17/2013
James Law Group
James Law Group | Christine James
You will have to force a sale by partition with the courts. One owner cannot prevent another from selling.
Answer Applies to: California
Replied: 12/17/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You can always sell your interest to some other third party or the owner, but you will be taking a serious discount off the price value for someone to associate with your co-owner.
    Answer Applies to: California
    Replied: 12/11/2013
    Frederick & Frederick PLC | James P Frederick
    You can "get out of" the property by signing a quit claim deed. But that would give up all interest you have, and there would not be any equity in return. That seems a drastic step. I am not sure why you say that you cannot buy each other out. That seems like the most logical way to resolve the situation.
    Answer Applies to: Michigan
    Replied: 12/11/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Depending on the state you live in and where the property is, the tenancy can be severed. Consult with an attorney specializing in real estate before proceeding.
    Answer Applies to: Colorado
    Replied: 12/11/2013
    Attorney at Law
    Attorney at Law | Frances An
    If you are on the deed, you can force the sale of the house. You will have to file a motion in County Superior Court. I have done it before, and it is not difficult.
    Answer Applies to: California
    Replied: 12/11/2013
    Law Offices of Robert P Bergman
    Law Offices of Robert P Bergman | Robert P. Bergman
    If you co-own a property and you want to sell and the other owner does not want to sell, then your legal recourse is to file a "partition" action in the Superior Court of the county where the property is located. This is a court action that orders the property to be sold so that the proceeds can be divided between the owners. You should consult with a real estate litigation attorney in your area to be advised on how to proceed.
    Answer Applies to: California
    Replied: 12/11/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You may need to file a quiet title action. Consult an attorney about the costs of the same.
    Answer Applies to: Nevada
    Replied: 12/11/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You have two (2) options: 1) get along, or 2) file a lawsuit to get a judge to rule how the property is to be dealt with in this situation. One way is a helluva lot cheaper than the other way.
    Answer Applies to: Michigan
    Replied: 12/13/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    You can hire a lawyer and file for "partition." It's like a divorce for co-owners of a property. The judge will either physically divide the property (if that is practical), or the judge will order the sale of the property and a division of the sales proceeds. You will need an attorney for this.
    Answer Applies to: Texas
    Replied: 12/11/2013
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    In the circumstances you describe, the only way to terminate the relationship is to sue for "partition." In the old days the judge would literally order property divided by a physical partition. This is impractical in today's world. Should partition be granted by the court the property is ordered sold at market value, under court supervision and requiring court approval of the sale. The proceeds are split between the owners according to their percentage interest in the property.
    Answer Applies to: California
    Replied: 12/11/2013
    Law Offices of R. Christine Brown | R. Christine Brown
    File a partition action.
    Answer Applies to: California
    Replied: 12/11/2013
    Graves Law Firm
    Graves Law Firm | Steve Graves
    You probably can force a sale for division, but you'll have to go to court to force it. You'll need a lawyer. It may not cost much if your co-owner talks with a lawyer and learns what the law says, but it will be costly if you have to actually pursue the case to court.
    Answer Applies to: Texas
    Replied: 12/11/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Depends on how the property is titled.
    Answer Applies to: Michigan
    Replied: 12/13/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    I can only suggest that one of you use the property as collateral to secure a loan to pay the other off, otherwise you?re pretty much stuck.
    Answer Applies to: Florida
    Replied: 12/11/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can file an action for partition. The judge will order the property sold and the proceeds split.
    Answer Applies to: New York
    Replied: 12/11/2013
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