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  1. #1
    Join Date
    Aug 2020
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    2

    Default Can Other Tenants in Common Force Sale of Real Estate Tract

    My question involves real estate located in the State of: Missouri

    I am 1/4 owner of a tract with other family members.

    My question is can they force me to sell my share if they find a buyer?

    My second question is: if I can increase my share to over 50%, can I stop a sale by the others?

    I don't want to sell.

  2. #2
    Join Date
    Jul 2018
    Posts
    2,693

    Default Re: Can Other Tenants in Common Force Sale of Real Estate Tract

    Quote Quoting Axel Myles
    View Post
    can they force me to sell my share if they find a buyer?
    Putting aside things that would be illegal, the answer is maybe. When multiple people own a piece of real property and one doesn't want to sell, while others do want to sell, the owners who want to sell can file something called a partition action to force the sale.


    Quote Quoting Axel Myles
    View Post
    if I can increase my share to over 50%, can I stop a sale by the others?
    No.


    Quote Quoting Axel Myles
    View Post
    I don't want to sell.
    Do you want to continue jointly owning the property with family members who don't want to do that? I obviously don't know how likely it is that your family members will file a partition action, but such actions are costly and typically result in sale prices that are less than what the property would obtain on the open market. If you want to continue owning the property, then you should figure out a way to buy out your family members.

    OR if what you own is really a "tract" (a term which typically refers to multiple, individual parcels of property), then maybe you could divide up the individual properties between all of the joint owners. For example, if this tract consists of 20 individual parcels, then you could take five of them and give up your rights in the rest.

  3. #3
    Join Date
    Aug 2020
    Posts
    2

    Default Re: Can Other Tenants in Common Force Sale of Real Estate Tract

    Thanks everyone. I probably misused the word "tract." This is one contiguous piece with a few relatives having fractional interest in it. I'm happy owning it with the others for now, but want to prevent them forcing me to sell my interest until I want to do that. One of them said he got an offer that seems unrealistic to me, twice what it's appraised at. I'm going to buy others' interests as I can, and just hold out the best I can.

    Followup question. Can they actually force me to sell, or only force a division of the property, by a partition action?

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