With a tenants in common 50/50 shares can he force the sale of the property? 21 Answers as of April 01, 2013

I own a property 50/50 share tenants in common I have contributed much more now the other party wants to sell the property because he owes creditors 40k can he force the sale and do I have to split the sale 50/50 because of the agreement tenants in common 50/50 that what I’ve been told.

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Durham Jones & Pinegar | Erven Nelson
He can't force a sale of your 50%, but he could sell his 50% if he can find a buyer. I suggest that you sue him for the extra amount you have contributed and record the judgment. It will then attach as a judgment lien on his 50%.
Answer Applies to: Nevada
Replied: 4/1/2013
Hamblin Law Office | Sally Hamblin
The person cannot sell 100 percent of the property, but rather only their share. The person cannot legally force you to sell. You can buy his share minus what expenses you have had to pay because of his poor finances.
Answer Applies to: Michigan
Replied: 3/4/2013
Heinly, Benson, Killian & Kramer, An Association of Attorneys Not a Partnership
Heinly, Benson, Killian & Kramer, An Association of Attorneys Not a Partnership | Valerie L Kramer
Yes, your co-owner can force a sale, but if you paid more than 50% of the cost of repairs, then you are entitled to reimbursement for the excess that you've paid. However, the fact that you're entitled to reimbursement doesn't affect his right to force a sale. You have a right to recover the reimbursement amount from the sale proceeds. You definitely should contact an experienced attorney for help with this.
Answer Applies to: California
Replied: 3/1/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
If you want the property, you could always buy his share. Because he is in "distress" and wants to get money out of the deal, you may be able to buy him out for less than his 50% share. However, of course, if there is a mortgage on the property, you would have to qualify on your own or find another investor in the property to qualify for a new mortgage to buy him out. If you cannot buy him out or qualify, he can file what is known as a partition action which forces a sale on the property. This can be dangerous because if the Court is forced into a judicial sale, highest bid takes the property and the highest bid could be less than what you owe on the property. You should try to work out some agreement where you buy him out if at all possible. If you have a written agreement as to the splitting of proceeds from a sale, you would, most probably, have to live by that agreement.
Answer Applies to: California
Replied: 3/1/2013
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
He can sue for Partition, which would mean splitting the property. If the property can't be split, then it would have to be sold and the proceeds split. This will start with a presumption of 50/50 split, then you must prove that you have contributed more in order to adjust that split.
Answer Applies to: Oregon
Replied: 3/1/2013
    The Wideman Law Center, P.C. | Susan Wideman Schaible
    If I understand your question, can a tenant in common force the sale of the whole property - the answer is generally not. However, each tenant can sell their own share or give it away if they want.
    Answer Applies to: Michigan
    Replied: 3/1/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    No he cant force a sale of the property, but as a tenant in common, he can sell his 50% interest independent of you, to anyone that will pay his price. Why don't you try to buy him out of his interest. Obtain the assistance of counsel whether you buy him out or go through a sale process, as counsel in real property matters can be a great help to you.
    Answer Applies to: California
    Replied: 3/1/2013
    Danville Law Group | Scott Jordan
    In order to sell the entire property, you would have to approve the sale. As a tenant in common, however, he could sell his 50% share in the property and you cannot stop it. But, in reality, what is the likelihood of that occurring?
    Answer Applies to: California
    Replied: 3/1/2013
    Law Offices of George H. Shers | George H. Shers
    He can try to sell his half but unless it is offered at a very low price no one would buy just a 50% interest. He could file a partition petition, which might cost up to $15,000, in which the court approves a sale and the proceeds are split 50-50%. You may be able to show that you put in more than 50% of the costs in order to get a larger portion
    Answer Applies to: California
    Replied: 3/1/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    A tenant in common interest holder can force a sale by either selling their own interest, or filing an action to partition the property. This does not force a sale of your share. Your second question is whether your larger than 1/2 contributions to the property increase your share. No, however, you should visit with an attorney to explore your rights to recover these excess contributions. Whether you have rights and what your rights would be should the other common tenant take action should be explored with your own attorney.
    Answer Applies to: Colorado
    Replied: 3/1/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    He can sell his interest, but not yours. Perhaps given the right circumstances, he could get a court to order the sale of the property. Regardless, he cant transfer the entire property without your signature.
    Answer Applies to: Idaho
    Replied: 3/1/2013
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    Do you have a written agreement? If not, he cant force you to sell without bringing a Partition Action in the Superior Court, at which time an accounting of who contributed what can be raised.
    Answer Applies to: Connecticut
    Replied: 3/1/2013
    The Taylor Law Office L.L.C.
    The Taylor Law Office L.L.C. | Ian A. Taylor
    There are a couple of options, but if you dont want to sell the other owner will have to partition the property through court. They can do this whether or not your are on board. You can contest on a number of grounds, but you should seek the advice of an attorney. Partition can be in kind, where the property is split according to a survey. Partition can be by sale. Where the property is sold at auction. Another option is to buy out his share. An attorney can help determine the value of the share and you can pay fair market value for it and transfer his share to you.
    Answer Applies to: South Carolina
    Replied: 3/1/2013
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    A tenant in common can force a sale, but you can ask to receive your excess contributions from the sale proceeds. Generally, judges do not want one side receiving an unfair advantage.
    Answer Applies to: Oklahoma
    Replied: 3/1/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Because you own the property 50/50, unless you agree to the sale of the property he cannot sell it. However you can petition the court to partition the property. That would be dividing the property in half and you claim your share and he claim his. You would have no further say so on his 1/2 of the property. He can then sell his share and you'll still have yours.
    Answer Applies to: Florida
    Replied: 3/1/2013
    Law Offices of Robert P Bergman
    Law Offices of Robert P Bergman | Robert P. Bergman
    The short answer is this: If you own property with someone as tenants in common 50/50, either one of you can force the sale of the property to get out his or her half interest. In other words, you cannot be forced to remain a partner with someone on a piece of property. The fact that you may have contributed more to the property than your partner is something you would have to sort out with your partner. In order to get more from the sale, you would have to prove that you had an agreement with each other regarding ownership, contributions, a return of contributions to maintain the property, etc. This would involve a lawsuit on your part, and may not be successful if you cannot prove a number of things.
    Answer Applies to: California
    Replied: 3/1/2013
    James Law Group
    James Law Group | Christine James
    Yes but you have the opportunity to buy him out.
    Answer Applies to: California
    Replied: 3/1/2013
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    Only his share is liable for his debt. Eventually, in the absence of a joint life interest, a court would order the sale but contesting it could help you know better what to do. Take your time deciding.
    Answer Applies to: Michigan
    Replied: 3/1/2013
    Frederick & Frederick PLC | James P Frederick
    Yes, he can force a sale through a partition action. Whether the division would be 50/50 or not is not clear from your summary. Given your greater investment, it would seem like you have an argument that you should be reimbursed out of the proceeds, before they are divided.
    Answer Applies to: Michigan
    Replied: 3/1/2013
    Zahaby Law Offices
    Zahaby Law Offices | Jon A. Zahaby, Esq.
    In a Tenant in Common situation any Tenant can file a Partition Action and force the sale or subdivision of the property. As to how the proceeds are to be divided: Just because the title reflects 50% ownership it is not necessarily true that that Tenant is entitled to 50% of the proceeds of the sale. There may be Set-Off Amounts that one Tenant is owed (must be reimbursed) before proceeds are paid out. Generally, this is all determined by negotiation (stipulated settlement) or by the Court's determination.
    Answer Applies to: Hawaii
    Replied: 3/1/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have pretty much got it right but the devil is always in the details.
    Answer Applies to: Michigan
    Replied: 3/1/2013
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