Agent

Partition lawsuit threatens to divide family, real estate

Can a majority interest block action?

DEAR BOB: I co-own a summer home with siblings and first cousins. Our large group is not getting along and it looks like the property will have to be sold. No consensus can be reached among the co-owners for selling shares within the group, and threats of a partition lawsuit have developed. I am guessing most of the group will want to avoid this. Can a majority interest block a partition lawsuit? --Randy A. DEAR RANDY: No. Anything can happen in a partition lawsuit to force the sale of a property when at least one co-owner wants to sell but another co-owner doesn't. Purchase Bob Bruss reports online. Partition is an ancient common-law tradition allowing a property to be sold despite a lack of agreement among all the co-owners. Most states allow partition lawsuits. Majority rule does not apply to partition lawsuits. It is up to the judge to decide. For example, I've seen a judge give the co-owners 30 days to resolve their differences or he will order a sale of the property with the sale...

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