Q: Can one owner of a jointly-owned property ask a judge to force a sale due to code enforcement fines that can't be paid?
My friend does not want to file a partition suit against her brother, but she and her two brothers are unable to maintain the properties. On two of the jointly-owned properties, there are homes that are unlivable. They are being charged $100 a day by code enforcement. She and one brother want to sell, but one brother refuses to sell, even though he knows the family can't maintain the properties. They don't have the money to pay the fines, nor the money to bulldoze the homes. Would a forced sale stop the fines?
A: The siblings can file a partition action for the sale of the property, but the sale will not eliminate liens, violations, or encumbrances. A forced sale of the properties via partition would likely result in the satisfaction of the code enforcement fines, as the proceeds from the sale would be used to pay outstanding debts, including liens or fines, before distributing the remainder to the co-owners. However, the fines will not be immediately paused or stopped simply because a partition suit is filed. The fines will continue to accrue until the properties are brought into compliance (e.g., homes repaired or demolished) or sold to a new owner who resolves the code violations.
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