How can one of several owners force the sale of land?
- December 11, 2022
- David Greene
- Comments Off on How can one of several owners force the sale of land?
First, try to sell your dad’s interest to one or more of his brothers for FMV. If that does not work, the law does provide a way out of his dilemma. It is called a Partition Action. He must file a suit in Circuit Court to partition the property, naming his brothers as defendants. After they all testify and provide evidence concerning ownership and value, the Court must make a ruling to either actually physically divide the property into four approximately equal pieces or to order the property to be sold and the proceeds divided. The more acres there are, the more likely it is to be physically divided. Your dad will have to retain appraisers, surveyors and other experts to help the judge decide what to do. Most times the judge will order these costs to be shared among the plaintiff and defendants.