Legal Question in Real Estate Law in New Mexico

we three siblings own a cabin in New Mexico in "joint tenancy" Two of us wish to sell this cabin; can we force the sale?

Asked on 10/25/12, 6:22 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Not necessarily. In some circumstances, one or more joint tenants can force a sale of the property. This results in the property being sold at auction, with the net proceeds being divided share and share alike. You might even get six cents of your very own after the lawyers are paid and the filing fees and other fees (which are ENORMOUS and include paying for a legal notice of sale that the credit reporting agencies will mis-report as a foreclosure). If the siblings who want out are incurring expenses for taxes and insurance, they can try to walk away but if anyone, even a trespasser, is hurt on the land, you can lose a whole lot more than just the property. You need real counsel from an attorney.

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Answered on 11/02/12, 6:56 pm

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