Legal Question in Real Estate Law in Pennsylvania

My three brothers and I own a house/property together that we inherited from our mother. We did renovations and have been renting it. Three of us would like to sell it but the fourth doesn't want to. Is there a way we can over ride him or proceed without his approval?


Asked on 7/30/12, 5:05 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You cannot override a co-owner and cannot sell it without his approval, since he will have to sign the deed along with you and the other brothers.

If there was any kind of partnership or co-owners' agreement among you, it should provide a mechanism for dealing with this kind of situation, as well as the partnership interests and responsibilities of each for maintenance, repairs, renovations, etc.

Try to negotiate to buy out his interest or to just share proceeds of a sale with him. If he does not agree, you will have to go to court against him in what is called a "partition" action. Such an action usually ends with the court ordering the sale, probably using the services of a Realtor. The costs of doing all this will substantially diminish the proceeds, so all of you would receive much less, if there are any proceeds after deducting costs of the sale and possibly also costs of the litigation.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 7/30/12, 8:51 pm


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