Q: If you own property jointly, undivided, can one owner force a sale? Or could it instead be divided?
My 2 brothers and I jointly own our family farm. It was deeded to us by our parents undivided. I and one brother each own 37.5%, the other brother owns 25%. Can one owner force a sale instead of having it divided? Would a judge typically force a sale over division?
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A: If you sue for Partition, a Partition in Kind is possible to give each owner certain parts of the tract. If it cannot be fairly physically divided, then a Partition Sale will be ordered to divide the Sale Proceeds. Consult with an AR attorney.
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