Legal Question in Real Estate Law in Georgia
If five people jointly own a piece of land, and one wants to sell it, must the others comply even if no one else wants to sell it?
Asked on 4/21/10, 10:45 am
3 Answers from Attorneys
Glen Ashman
Ashman Law Office also dba Glen Ashman Attorney
If and when a court orders it, yes.
Answered on 4/26/10, 12:02 pm
Edmund Burke
Edmund B Burke, Attorney at Law
One of the joint owners can file a petition for partition. This initiates a fairly complex legal procedure whereby the land is evaluated and, if the petition goes to completion, there will eventually be a forced sale.
Typically, however, the other four would recognize that it's better to cooperate than to fight, as the partition price may be lower than that which could be obtained through a voluntary sale by all the parties.
Answered on 4/26/10, 12:37 pm
Charles W. Field
Charles W. Field, Attorney at Law
Not unless they are ordered to do so by a judge. The proper procedure is a Petition to Partiton. Consult with a local attorney.
Answered on 4/27/10, 2:45 pm
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