Legal Question in Real Estate Law in Missouri
Here is the situation. There are four siblings. We had decided to sell our father's farm. We are all equal owners. Our half brother has caused numerous problems with the property. The remaining three are afraid he is going to fall off the map and refuse to sign the sale contract.
We are ready to move on. If this happens, is there anything we can do to force the sale?
Any help would be appreciated. Thank you.
1 Answer from Attorneys
You can't force your brother to sign a sale contract to sell the farm to an outside party.
You can force a sale of the property. You have to file a partion action or lawsuit in the circuit court where the farm is located. The farm will be sold at auction on the court house steps. Each of the siblings and any member of the public can bid. The siblings will receive the proceeds from the auction so the siblings have a very obvious advantage over other bidders who are not owners.
You can form a group of three to bid on the farm if you wish.
This is the only way to "cut out" the troublesome brother against his wishes. He will receive his percentage of the winning bid, but he will no longer have an ownership interest if he is not the winning bidder.
I'd be happy to help.
417-889-4766
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