Legal Question in Real Estate Law in Minnesota
Joint Tenency- One of the group wants to sell, the rest don't
We own property with a hunting cabin on it, the abstract says it is a Joint tenancy with the five guys who bought it. One wants to sell-he paid for a assement of the property, because of the joint tenency can he force the rest of us to sell all the property or can we make him sell just sell his share in the property? Can he break the joint tenency with out the rest of the groups approval? If he has the right to sell the whole thing and we make hime take us to court, we are willing to pay the assesed value but he wants more. What do courts normally award?
1 Answer from Attorneys
Re: Joint Tenency- One of the group wants to sell, the rest don't
Your friend who wants to sell has a right to do what is called a partition action. In a partition action, he can get a court order which requires that the property be sold and the proceeds divided among the owners as their interests appear.
So yes he can force a sale of the place.
And no you can't just force him to sell his share. The only way to get him to sell just his share is voluntarily. I suggest you try to make a deal with him - otherwise the cabin could be sold by court order.
This response is for general information purposes only and does not create an attorney-cleint relationship. You are advised to consult an attorney of your choice concerning the details of your case.
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