Legal Question in Real Estate Law in New Hampshire

If real property is owned as tenants in common and one party wants to sell but the other party wants to keep the property, can one owner force the other to buy him out? Or, force the sale of the property?

Asked on 5/29/11, 7:25 pm

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

The short answer is, "yes." If the parties can not come to their own solution, the next step is a legal action called a Petition to Partition. The court will order that the property be divided, and if it can't be divided, sold. The net proceeds would be divided between the parties according to their ownership rights.

I suggest that it is better to work out a private solution. Perhaps each party should meet with an attorney experienced in this area to discuss how to solve the problem before going to court.

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Answered on 5/30/11, 5:37 am

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