Legal Question in Real Estate Law in Missouri
Three family members inherited a farm and the deed reads we are joint tenants and not as tenants in common. Two of the owners wish to sell the farm and the third one agreed at first until we got a full price offer (by contract) now the third party ( my sister) does not want to sell and she keeps putting me off and will not return the contract to buy for the buyers.
I first wanted to sell but now that she will not agree I would like to stop renting the farm as we have been doing. Can I, just one part owner prevent this farm from being rented at all. I don't need to rent and neither does my son ( 1/3 owner).
2 Answers from Attorneys
an action can be filed with the court to have the property sold and proceeds divided. it is called a partition action. if you wish to discuss you may call 417-889-4400
It has turned out to be unfortunate that the person leaving this property to you did so in the way that it was done. Since the three of you are equal owners, it takes all three of you to agree on whatever action concerns the property, selling it, renting it out, using it yourselves, or whatever. Perhaps if you consult with an attorney in your area to learn what is involved in proceeding with a suit in partition and how much it costs, you can persuade everyone to cooperate in order to save the trouble and expense of litigation. If not, you can go to court with the result that the property will be ordered to be sold. If you do not already have an attorney, and if you are within a reasonable distance of my office, I might be able to help you myself. Please feel free to call.
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