It’s not unusual for people to share ownership of a home or property, whether it’s between family members, business partners or former romantic partners. But when one person wants out and the other isn’t ready to sell, things can get quickly complicated.
Disagreements like this often stir up strong emotions and difficult conversations. Unfortunately, without a clear resolution, the conflict can linger for months or even years, leaving everyone in limbo.
Understanding your options in a co-ownership dispute
When one co-owner wants to sell and the other doesn’t, the law offers several potential paths forward. In some cases, the co-owners may be able to negotiate a buyout, where one party purchases the other’s share of the property. If both sides are willing to come to the table, this approach can be a simple and cost-effective solution. But when emotions are running high or communication is breaking down, reaching a mutual agreement can be difficult.
If a buyout isn’t possible, the next step may involve a legal process called a partition action. A partition action is a court proceeding used to divide jointly owned property. There are two types:
- Partition in kind: which physically divides the property
- Partition by sale: which forces the sale of the property and splits the proceeds among the owners.
In most residential real estate situations, partition by sale is more common, especially when the property can’t be fairly or practically divided.
This process can feel overwhelming, particularly when the relationship between co-owners has become strained or hostile. But knowing your rights and understanding the legal tools available to you can help protect your interests and work towards a solution that feels fair, whether that means selling, staying or finding another arrangement that works for everyone involved.
If you’re facing a real estate dispute, it may be time to get legal guidance. A knowledgeable legal professional can help you explore your options and move forward with confidence.