Asked in Real Estate Law and Probate

Q: My friend's Dad died and she owns 1/3 of the property and her dad had a 3rd. They can not get the other person to sell

The property is in MO

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Probate Lawyer
  • Crossville, TN

A: When property is owned by multiple people, one or more of whom want to sell and the other(s) don't, you have two choices. (1) The ones who do not want to sell can buy out the interests of the ones who do want to sell, or (2) the ones who want to sell can start a lawsuit usually called a partition action to force a sale.

Option (1) is usually way cheaper than option (2) because it avoid court costs and litigation attorney fees, so aim for that if at all possible, but if not possible, then you have option (2).

Anthony M. Avery agrees with this answer

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