Legal Question in Real Estate Law in Illinois

My brother and I own property as tenants in common. He wants to sell the house that I live in. Can he file for a land partition?

Asked on 10/22/13, 6:22 am

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered
0 users found helpful
0 attorneys agreed

Yes. Alternatively, you could agree to buy his share.

Read more
10/22/13, 6:27 am
Henry Repay Law Offices of Henry Repay
0 users found helpful
0 attorneys agreed

He can try to sell his share, which is unlikely. Most purchasers will not want to co-own a property unless it would be, perhaps, another relative.

Since selling is unlikely, absent cooperation, his remedy would be judicial partition. If the property can be literally divided, then partition means doing just that. Since in many cases it is not reasonable to divide the property, say a single-family home on a standard lot, the alternative is for the court to order a sale.

If the sale is inevitable, I suggest you all save time and expense by giving in to a solution. Either, you can agree to sell and get the most for your money or you can try to work out a buyout. If you can finance it, you can buy him out. If you cannot finance it and he does not have an immediate need for his cash out, then maybe you can work out an installment plan.

An important question that impacts each of you, is there any equity in this property. If not, then he may be best off holding off or working with you on a plan for your purchase. Otherwise, a short sale would be needed, which benefits him only in getting him off the loan.

It would be highly recommended to be counseled through this process. Much of it can be handled by phone, E-mail and fax.

Read more
10/22/13, 6:44 am

Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois

Looking for something else?

Get Free Legal Advice

8822 active attorneys ready to answer your legal questions today.

Real Estate and Real Property Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Terry A. NelsonNelson & LawlessRiverside, San Bernardino, CA
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now