Legal Question in Real Estate Law in California

Forcing A Sale

I want to know how to force a sale on a house where a 1/3 owner refuses to sign a listing agreement. House has been vacant for over 60 days. Can't get insurance. Liens are on the house. 1/3 owner doesn't want to pay insurance and would rather be liable for criminal and civil liabilities if there is a fire and it destroys others lives. Doesn't care about others. I want to know how I can sell house myself I have 2/3 ownership. Mother is in nursing home. I don't want the criminal and civil liability or responsibility of any one else's life on my hands for negligence.


Asked on 8/03/02, 10:46 pm

4 Answers from Attorneys

Re: Forcing A Sale

An action for partition, that is, a lawsuit seeking a court order requiring sale of the property and division of the proceeds, sounds like your best bet. Consult a real estate attorney about how to proceed. If you are in Santa Clara County feel free to call or e-mail me.

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Answered on 8/04/02, 8:44 am
Larry Rothman Larry Rothman & Associates

Re: Forcing A Sale

You should retain an attorney to handle a partition action. Please contact me at 714 363 0220 for free consultation.

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Answered on 8/04/02, 11:09 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Forcing A Sale

You will need to file a legal action to force the sale of the house. Why can't you get insurance? How much are the liens on the property? You may want to deed your share to the lienholder.

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Answered on 8/04/02, 2:35 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Forcing A Sale

First, talk to an insurance agent about insuring your own interest in the house. Talk also with an attorney about filing a partition action, which will force the sale of the house. You may also be able to get a court order authorizing insurance on the property.

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Answered on 8/05/02, 7:45 pm


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