If I am the 60% owner of a property, how do I get the rest of my sibling to sell their portion to me? 23 Answers as of March 07, 2014

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The Bryan Law Firm, L.L.C.
The Bryan Law Firm, L.L.C. | Douglas L. Bryan
If they refuse to agree then you would need to file a Petition to Partition the property. Give me a call; I'd be happy to help you with it.
Answer Applies to: Louisiana
Replied: 3/7/2014
The Krone Law Firm, LLC | Norman B. Krone
You ask them to do so. If they do not agree, you cannot force them to.
Answer Applies to: Florida
Replied: 2/14/2014
Law Office J. Jeffrey Morris | J. Jeffrey Morris
Ask nicely first and offer to pay the value established by a neutral appraiser. If that does not work bring a petition for partition, an accounting and for a court order to list and sell the property. You may then purchase it using a new loan at arms length and then pay down the loan when you are paid out of escrow. If the bids are too high for you to afford that house take your money and find a house you can afford.
Answer Applies to: California
Replied: 2/12/2014
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
If your siblings will not voluntarily sell to you, you may file a petition for partition with the court requesting an order that compels them to sell their interest to you. Contact a real estate attorney for assistance.
Answer Applies to: California
Replied: 2/14/2014
Law Offices of George H. Shers | George H. Shers
Offer them a purchase price greater than their share is currently worth. You can not force them to sell to you. If you file a partition action, aside from costing you perhaps $15,000 in attorney fees, the property would most likely be sold and you would get 60% of the sales price, after expenses.
Answer Applies to: California
Replied: 2/14/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    There is a particular kind of lawsuit called a partition action, in which the judge has the power to order a sale.
    Answer Applies to: California
    Replied: 2/12/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Negotiate. If they refuse, you'll have to bring an action for partition, which will be expensive and most likely result in the property being listed for sale on the open market. So, negotiate.
    Answer Applies to: Oregon
    Replied: 2/12/2014
    Law Offices of Frances Headley | Frances Headley
    Any property co-owner can bring an action for partition to divide up the property between the co-owners. Property is generally sold rather than divided up physically. You should consult a real estate attorney to review all of the facts and determine how best for you to proceed.
    Answer Applies to: California
    Replied: 2/12/2014
    Law Office of Nathan Wagner
    Law Office of Nathan Wagner | Nathan J. Wagner
    The best way is to negotiate with them until they are willing to sell their portion to you. The more expensive and risky way is to start a partition action in court. The court would order the real estate to be sold at auction, where you could bid for the property. If you win the auction, you will have bought 100% of the property. If someone else wins, you will own 0%.
    Answer Applies to: California
    Replied: 2/12/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Offer them an amount they will accept. Barring that, file for partition of the property and the court will order a sale, perhaps even an auction. If you are the high bidder, then you can pay them that amount.
    Answer Applies to: Idaho
    Replied: 2/11/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    There is a time consuming and expensive legal process called partition, but the best option is to get an appraisal or BPO so your siblings know they are getting a good option.
    Answer Applies to: California
    Replied: 2/11/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Unless you are able to convince your siblings to sell to you your only recourse is to bring a legal action to partition the property. In the course of such an action, the court has the power to order sale at fair market value. You have the right to be the purchaser as does any other potential buyer.
    Answer Applies to: Minnesota
    Replied: 2/11/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    You cannot force them to sell to you. You may want to confer with an attorney specializing in real estate about a partition of the property.
    Answer Applies to: Colorado
    Replied: 2/11/2014
    Fluhr & Moore, LLC | Steven S. Fluhr
    Ask them. If they do not agree, you may seek partition in the circuit court. You may purchase the property when it is put up for sale, unless you are outbid.
    Answer Applies to: Missouri
    Replied: 2/11/2014
    Frederick & Frederick PLC | James P Frederick
    They need to agree to do so. Otherwise, you would need to petition a court to partition the property. That would force your sibling to either buy you out, be bought out by you, or to sell the property and divide the proceeds.
    Answer Applies to: Michigan
    Replied: 2/11/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    Talk to an attorney about filing a partition lawsuit.
    Answer Applies to: Missouri
    Replied: 2/11/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    A partition action can force the sale of real property. The court will evaluate if the property can be divided in kind. Most real property is unique and cannot be divided in kind. If the property cannot be divided the court will order the sale of the property and the proceeds will be divided. The court costs and reasonable attorney fees are paid out of the sale proceeds after court approval.
    Answer Applies to: Illinois
    Replied: 2/11/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You may have to file a petition to partition which will force a sale at auction of the property.
    Answer Applies to: California
    Replied: 2/11/2014
    James Law Group
    James Law Group | Christine James
    Ask. If they will not, you will need to file a partition action. Just know if you do, and one of them wants it more than you, they can be the highest bidder and buy you out.
    Answer Applies to: California
    Replied: 2/11/2014
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Probably by making a reasonable offer and asking nicely.
    Answer Applies to: Illinois
    Replied: 2/11/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    First it is unlikely you can force your sibling(s) to sell anything they own to you if they does not want to sell their interest. In Michigan if you own it as "joint tenants with right of survivorship" you cannot do much without their agreement. If you own it as "tenants in common" you can file a lawsuit to "partition" the property so your portion can be sold. This can be expensive so they may be forced to sell if they cannot afford to continue to defend your lawsuit, etc.
    Answer Applies to: Michigan
    Replied: 2/11/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Unless they agree, you would need to sue them in a quiet tile action. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 2/11/2014
    Attorney At Law | James G. Maguire
    You can't force them to sell to you, but as a co-owner you can force a public sale of the property.
    Answer Applies to: Louisiana
    Replied: 2/11/2014
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