Legal Question in Wills and Trusts in New Jersey

Can a house be sold by someone who owns a 2/3 interest,without the consent of the person who owns 1/3 of the house? The 2/3 is part of an estate, and the owner of the 1/3 interest is living in the house.


Asked on 7/28/10, 6:20 am

3 Answers from Attorneys

Steven Rothberg Law offices of Steven D. Rothberg

The house could not be sold without the consent and joinder of the 1/3 owner, unless there was a court order providing for the sale without their consent and joinder.

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Answered on 8/02/10, 6:33 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

No, the house could not be sold without the consent of all the owners.

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Answered on 8/02/10, 6:40 am
Robert Davies The Davies Law Firm, P.A.

No, all owners have to agree. The 2/3 owner can only sell 2/3. I am assuming that you have your facts straight; I would need to look at the Deed and get more information to tell you for sure.

This seems like part of a bigger problem. Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 8/02/10, 9:20 am


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