Legal Question in Real Estate Law in Washington
Tennants in common ownership
My brother and I inherited equal shares of our Dad's farm as Tennants in common. We both live here, My family in a mobile home and my brother in the main house, which I own half of. For very personal reasons to long to list, I want to sell, he does not. He cannot buy me out. I've heard of a partition suit. How does that work? Does the property go up for market value or for auction to highest bidder? What costly risks could be involved? We don't get along and I really want out of this but am not willing to walk away without my share. I've been here since 1968 when Dad bought this and have put my blood sweat and tears into the place as well as my brother. I also have questions about possibly getting a boundry adjustment but it's a little complicated because of where we live so I'll ask that later. My preference is to sell and move on. I have asked this before on the probate board but have been told to also seek the answer in real estate law. Thank You
1 Answer from Attorneys
Re: Tennants in common ownership
Yes, but you get back to the same law guru attorney because there aren't that many of us on the board in Washington.
I remember these facts. I also remember that I told you that you could do a partition action on these facts, and that you need a local attorney.
As I said, in a partition action the court can sign an order requiring the property to be sold.
Sales are supposed to be on the open market, not forced or for an artificially low price. But that's market driven and the market is not as great as it was last year at this time.
You still need somebody local because they will know the bench and that's half the battle.
Elizabeth Powell
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