Legal Question in Real Estate Law in Tennessee
Joint ownership forced sale
Can one joint owner force the other joint owner to sale the property they own together?
Asked on 10/19/06, 12:19 pm
1 Answer from Attorneys
Robert Stanz
Hardin & Stanz, P.A.
Re: Joint ownership forced sale
You can through a partition action. If co-owners fail to agree on use, sale or possession of real property, they usually end up in court and the matter is resolved through a partition action. In a partition action, the common owners request the court to divide the property fairly. Often, if the property is difficult to divide (based on value, size, shape, access and/or improvements),the court will then order the property sold and the proceeds will be distributed to each co-owners (per their respective ownership interests).
Answered on 10/19/06, 12:42 pm