There is farm property owned equally by four siblings. All had agreed to sell the property but one has recently changed his mind and wants to keep the property in the family. The other three siblings want to end all connections with him and still want to sell. I've been told it does not matter what the "majority" wants. Is this true? Are there legal actions that can be taken in order for them to sell and go their separate ways or force him to sell his part? He has trashed the house and property, and until recently, without the knowledge of the other siblings.
3 Answers from Attorneys
There are actions the the can take to force the sale. It may require a partition, do the one can keep a portion of the property. Which action to take will depend upon the particular facts of the case. The the should consult directly with a civil practice attorney in the area of the far. That attorney will need to see the documents that transferred the property to the four, as week well as any liens or other encumbrances on the property.
To answer your question, yes, any of the property owners, or any number of them, can file a lawsuit seeking "partition" of the property. The Court may appoint a commission to value and sell the property. The Court would also determine each party's share of the proceeds. You may also include a Count seeking damages based upon destruction or "waste" to the property by your sibling. In many of these cases a way to settle everyone's differences is found. I have handled several such cases in the 35 years I have been practicing law. I might be able to offer my services to you for a reasonable fee. Please feel free to contact me.
you can partition the property. i suggest you act promptly to prevent further damage. you could probably get some temporary orders from a judge which might prevent the damage.
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