Q: I have 3 of 4 people on a deed for vacant land who want to sell. Can the 4th person be forced to sell?
The 4th person is going through dementia & her caregiver is trying to make decisions for her & will not allow us to speak with her.
A: The standard way to force a co-owner to sell real estate is through a "partition action". That is a lawsuit where the court orders the division or sale of property. It takes time and can be expensive. In your situation, it might make more sense to see about instituting a "conservatorship" for the fourth person. A conservator acts instead of the person who is not able to make their own decisions. If it is in everyone's interest to sell, the conservator will go along with the sale. Of course, if the caregiver is acting under a "durable power of attorney", then the caregiver may be able to consent to sale now.
Yelena Gurevich agrees with this answer
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