Legal Question in Family Law in Montana

Do all parties have to agree to sell a house if there are four individuals on a contract for deed? How are the payments split legally? If one individual wants an appraisal, do all four have to pay for it?


Asked on 9/30/13, 2:24 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Here is where the beauty of a written agreement shows itself. Look to the "four corners" of the written ownership agreement the four owners have. Their rights and responsibilities should be contained in that agreement. Generally speaking, if four people own the house, four need to agree to sell it. Unless the owners executed an agreement that shows any other division, the usual answer is that the proceeds are divided equally. The written agreement should also cover how the four owners pay for routine maintenance and repairs. Suppose Owner 1 made upgrades and repairs to the house. If the other three reimbursed Owner 1 for their shares of the upgrades, then Owner 1 probably is not entitled to more than 1/4 of the sale proceeds. If one owner failed to contribute or none of the three contributed, then probably the non-contributing owners should receive a reduced share of the sale proceeds.

About the appraisal -- because the owners don't have a written agreement, how about this for a solution? If one owner wants an appraisal and is confident enough that the house is worth more than the sale price, that owner can pay for the appraisal. If, in fact, the house is worth more and sells for more, the other three reimburse the owner who paid for the appraisal. If the house is not worth more than the original sale price, s/he pays for the full appraisal.

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Answered on 10/01/13, 10:31 am


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