Legal Question in Real Estate Law in New Jersey

Re: Want to sell a co-owned property

Yes, in NJ, with very few exceptions, co-owners of property have the right to force a sale. This is because 1 owner can't "veto" the wishes of the other(s). If brother can't buy your wife out and no other solution is acceptable (such as him paying her fair rent for her share) it would be necessary to file a legal action called a "Partition." Assuming the Court orders a sale (which it almost always does), your legal fees and costs are usually reimbursed from the sale proceeds. This type of legal action is also usually fairly quick - 6 months to a year at most - but it's anybody's guess how long it will take to sell the house. You need to speak to an attorney experienced in these matters whether it be me or someone else. A 1 hour consultation won't cost much and you can get a much more detailed picture of the process that way than I can give in this email.

Good luck.

Dale Lundquist

Re: Want to sell a co-owned property

Yes. You need to have an attorney start a Partition law suit. This will force him to cooperate to sell the house. Contact a lawyer. If you are in the northern part of the State, you can contact my office.

Bernie Berkowitz

973-808-2003