Legal Question in Real Estate Law in Washington

Want to sell property with multiple owners

There are 5 siblings on the deed of our family property. It is equally owned by all and we all pay a share of the property taxes. 4 of us want to sell the property, but the 5th (who lives on the property - rent free) does not.

Does majority rule?


Asked on 8/06/07, 9:34 pm

2 Answers from Attorneys

Theresa Petrey The Law Office of Theresa Petrey

Re: Want to sell property with multiple owners

Lawyer up! Yes, definitely put on your hat and boots and ride. It's Ellensburg Rodeo time-Elizabeth do you have a hat? Sib should also being paying rent on the 4/5th's. This is worth buying an hour or two of your local lawyer's time to get fully up to speed on the process and the law. Then, Lawyer may write a letter on your behalf and start to negotiate an "arrangement." Or, try mediation. I think this does not have to be resolved in the court room once you've got all your ducks, er cows, in line. Yee Haw! Cowboy and Lawyer Up!

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Answered on 8/07/07, 11:29 am
Elizabeth Powell ELizabeth Powell PS Inc

Re: Want to sell property with multiple owners

If you have a written agreement that says majority rule, then it would, but all other things to the contrary, the person who would make a decision is a judge. The value of the property is fair market value, and thus your shares will be 20%, and sales costs may or may not come out first.

This is a lawsuit to partition the property. The four siblings not in possession would ask the Court to order the property sold and the proceeds divided between all five of you. It is possible that the one in possession takes the same share the rest of you take, and it is possible he does not, but I can't tell on the facts you provided.

But there is relief available, you just have to lawyer up and go ask for it. Hope this helps - Elizabeth Powell

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Answered on 8/06/07, 9:46 pm


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