Legal Question in Wills and Trusts in New Jersey
Can a house be sold by someone who owns a 2/3 interest,without the consent of the person who owns 1/3 of the house? The 2/3 is part of an estate, and the owner of the 1/3 interest is living in the house.
3 Answers from Attorneys
The house could not be sold without the consent and joinder of the 1/3 owner, unless there was a court order providing for the sale without their consent and joinder.
No, the house could not be sold without the consent of all the owners.
No, all owners have to agree. The 2/3 owner can only sell 2/3. I am assuming that you have your facts straight; I would need to look at the Deed and get more information to tell you for sure.
This seems like part of a bigger problem. Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.
Robert Davies, Esq. 201-820-3460
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