Legal Question in Real Estate Law in Georgia

A few years ago, my sister and her best friend (who is female) bought a house together as co-owners. The agreement was that if either of them ever decided to sell the house, the other person had to consent to sell as well. I don't know if that agreement was in writing or just verbal. They recently had a big falling out and my sister wants to sell but her friend refuses. She has also refused all offers my sister has made to buy her part of the house. My sister spoke with a real estate attorney yesterday and was advised by him that it sounded like she was stuck and the best advice he could give her was to walk away and foreclose. My sister has wonderful credit and doesn't want to do this but has reached a point where she feels she has no choice. She would do it today but feels that she may could be sued by her friend. Is this possible?

Asked on 3/15/13, 1:44 pm

2 Answers from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

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Sounds like your sister has already spoken with an attorney. If she doesn't trust this attorney she should talk to another one. Legal opinions can vary. At any rate, the attorney needs to know much more information than is in this post. There is a legal process in equity called partitioning where one tenant in common can sue to partition or sell the property, but it can be very expensive and take a while. I would probably be more worried that the bank would sue me than my friend, depending on the amount of the deficiency.

Answered on 3/15/13, 1:57 pm

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