selling jointly owned property. DO both parties have to agree to sell? If 1 oparty defaults on taxes what is resourse for other
3 Answers from Attorneys
Yes, all owners will need to agree to and join in a sale. If the other owners will not agree to join in a sale, and they are not interested in either buying out your ownership interest or having their interests bought out, you can bring a petition to partition in court. In a partition action, you are asking the court to order the sale of the property and equitably divide the proceeds among the co-owners.
Both parties have to agree. If you want to sell and they don't then file a Petition for Partition to force the sale and seek contribution for the payment of taxes. Such actions are somewhat expensive, but better than sitting in limbo.
If one joint owner defaults on taxes, the other can pay them and charge back against the other's equity in the property in a sale negotiated by your attorney or through a court ordered sale under a petition to partition filed by your attorney if the other will not agree to negotiate. Good Luck!