If one owner wants to sell a jointly owned property but the other owner(s) refuse, the party seeking to sell can file a partition action. This legal procedure allows a court to intervene and force the sale of the property, dividing the proceeds among the owners ing to their ownership interests.
A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
The new Partition of Property Act changes existing partition law in Maryland to better protect owners of tenancy-in-common property from forced court-ordered sales of the property.
The owner who no longer wants ownership of the property can ask the court to force a sale in lieu of partition. Rather than continuing to co-own the property, the court can force the owners to put the house up for sale.
§12–401. (a) A party in a civil case may appeal from a final judgment entered in the District Court. (ii) Granting a motion to dismiss, or quashing or dismissing a charging document.
In a recent landmark judgment, the Supreme Court of India held that in a suit for partition of joint property, every interested party is deemed a plaintiff. This means that each co-sharer has the right to initiate and pursue a partition suit, and no one co-sharer can prevent another from doing so.
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