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Can co-owner's of land make one of the other owners sell?

Question Details:A friend was left some land by her grandmother and some how 2 other people have claim to it also. There is 9.3 acres between 3 people. Can 2 of the part make the other party sign the papers to sell the 9.3 acres as a whole and not split her share off to another deed?

Asked 2 years ago under Real Estate | 768 Views | More Legal Topics

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M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

The provides an equitable remedy known as "partition"; this means the division of property among co-owners.  Real property held by co-owners as a tenancy in common or a joint tenancy may be partitioned.

If a property can be physically divided the Court will so instruct.  If division would be impracticable for som ereason, the Court will either (1) order a sale of the property and an equitable division of the proceeds among the co-owners; or (2) order a partition which would permit one co-owner to purchase the interest of the remaining co-owner instead of a physical division of the property or a court-ordered sale.

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