Q: I co own land and need to sell my interests. The other owner doesn't want to sell or buy me out. Am I stuck?
I have a buyer. I really need the money for medical bills. The co owner wants to keep it, and wants me to remain co owner. I feel stuck. How do I sell my share of the property. It is not divided by surveys, one 36 acre piece of woods.
A: Unless you get the other Tenant In Common to buy your 1/2 Undivided Interest, you will probably need to file an Action for a Sale By Partition. Hire a competent attorney that litigates real property.
A: Responding from a New York perspective, you could bring an action to force the sale of the real estate.
A: You can file a complaint in the Common Pleas Court to partition the real property
A: As a co-owner, I presume each tenant owns an equal undivided partial interest in the real unless your deed designates a specific ownership percentage for each co-owner. Rather than go to court, you have the right, as a tenant in common, to transfer your undivided interest to another person without the consent of the other owner(s). This can be done through a quit claim deed. In transferring your interest through a quit claim deed, you, as the grantor, are making no warranties or guarantees regarding the property being transferred. The only statement being made by you is that you are releasing your interest, if any, in the property.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
