two brothers jointly own an inherited house thats being rented out, can one sell without the others permission

one needs to sell while the other brother wants to keep for longer and can,t afford to buy him out

14 Answers

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  • 1 decade ago
    Best Answer

    He can't sell with a court order. But getting the court order will be a piece of cake. The other brother has to let him sell or buy him out, he has no choice. He can not force ownership. The judge will sign the court order for the sale.

  • Anonymous
    1 decade ago

    Yes, if the one who doesn't want to sell really can't afford to buy the other out (or even doesn't want to), the sale of the property can be forced. Go see a solicitor.

  • godged
    Lv 7
    1 decade ago

    The other brother should obtain a loan on the property to buy the other out.

    These types of situations can divide families and stop people from speaking. Encourage them to find an amicable solution with obtaining attorneys and going to court. Everyone loses when this occurs.

    Source(s): Oregon Realtor
  • Anonymous
    1 decade ago

    One cannot sell with out the other's agreement, unless he sells his half to another person who is willing to co-own the property with the other brother.

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  • He can't sell without the others consent but he should refinance to take out his brother's stake in the property and let him go do what he wants.

    Source(s): If they can't work it out, it will probably end up in court.
  • 1 decade ago

    no, if both names are on the deed to the property, both must sign the bill of sale. does the brother that wants to sell really need the $$ right now? is it worth fighting with his brother over it?

  • Anonymous
    1 decade ago

    tell the other brother to take a mortgage out on the amount he needs to pay off the brother who wants to sell

    and cover this with the rent he collects , which will now all be his

    all the best

    Ian

  • Anonymous
    1 decade ago

    No he cannot sell without the others permission. In english land law, he would be deemed as a trustee.

  • 1 decade ago

    Nope. If one cannot afford to buy the other one out, and one brother wants out from under the ownership, the brother that wants out can solicit the court to dissolve the real estate deal.

    He can't do it on his own, it requires an action by the court.

    That means when the propety is sold, each brother will get 50% of the equity in the property.

    Legally, you cannot force someone to stay in a real estate transaction.

    Source(s): Realtor..see profile for full list of credentials
  • Anonymous
    1 decade ago

    Joint ownership means both would have to sign the TR1 transfer document for Land Registry.

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