Legal Question in Real Estate Law in New Jersey

Yes, this is called a partition action. It is filed in Court as a Complaint and ultimately, the person who wants out will get an order for the house to either be sold or force a buy-out.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a real estate attorney for a full consultation before you take any further steps. You may feel free to call me at 856-546-8010 to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

Thank you for your LawGuru question. Partition may be viable, but there could be a more elegant solution. You may wish consider transferring the property into a business entity (e.g., LLC) with the 3 property owners as members of the LLC followed by a buyout agreement. It may prove less costly than litigation. You should keep this in mind for future acquisitions. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

With best wishes,

Barry F. Gartenberg, Esq.

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