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Nadine Cius

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Can One Owner Prevent a Property from Being Sold?

April 26th, 2010


Property was inherited from our parents.  There are three siblings and one does not want to sell.  Can one owner prevent a property from being sold?   By not agreeing to a sale one heir can prevent a sale.  In order to list a property, all owners must agree and sign the listing agreement.  If the three of you cannot agree, the one who does agree will have to go to court and force a sale.   That is known as a partition sale action.  A partition by sale will result in the court ordering the sale of the property and a division of the proceeds.

This type of suit can be expensive, lengthy and would involve hiring an attorney and going to court.  Before you take this step, try to resolve this among yourselves.  Find out the reason why one sibling is holding out.  Discuss the taxes and the maintenance on the property.  When the taxes become due, can that sibling afford to pay it and also maintain the property?  Does she have the ability to make contribution for required repairs or renovations?  It helps if you can leave the emotion out of it.  You can also offer to buy out the unhappy heir.  If she does not want to sell, perhaps the two of you can sell your interest to her.  The price should of course be reasonable.  You can order an appraisal to determine fair market value for the property.  That way there are no disagreements over the value. 

I would make the same recommendation to a couple getting divorce with a similar issue--make every attempt to work it out.  A partition suit should be a last resort after every other negotiations and compromise have been exhausted.


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Disclaimer : The views and opinions expressed in this blog are those of the author and do not necessarily reflect the official policy or position of the Houston Association of REALTORS®

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