Can You Force The Sale Of Inherited Property?



Video Summary

The sale of inherited property. This usually comes up whenever the decedent dies and he owns his homestead property and leaves it to ... and it passes to his more than one child, say two or three children. And so the three children now own the property and so one of them is living in it or does not want to sell it and the other two would like to have it sold. And so in order to force the sale of inherited property or any other property that is co-owned, you must file, if you can't reach an agreement with the other co-owners, you file what they call a partition action where you're asking the court to appoint a special magistrate, which I usually use a local attorney, to be appointed to sell the property. Once he's appointed he's authorized to sell the property and he can sign all the deeds and everything to sell it, reduce it to money and then the net proceeds would be divided amongst the co-owners.

So there is a way to force it, it's called a partition action. Usually, you try and work it out between the parties to avoid the expense of a partition action. If you have any questions about that give me a call at 727-847-2288.