Secured with SHA-256 Encryption
Compare Quotes From Top Companies and Save
Asked on January 28, 2013 under Real Estate Law, South Carolina
Answered 12 years ago | Contributor
One co-owner cannot force another co-owner to leave the premises. Unless that is there is some type of court order in effect regarding the exclusive right to occupy the premises (i.e. protective order or the like). At this point, if you cannot come to an agareement with your father, as a co-owner you could file what is known as a a "partition". Basically, this is an action wherein a tproperty is divided if practical (as in the case of raw land). However, since the property in question is a single family home, a court could direct a "sale in lieu of partition" which means that the property can be ordered to be sold. Then any co-owner who wishes to remain can buyout the other co-owner for FMV or the property can then be sold to a 3rd party with the proceeds of the sale being equitably distributed.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Secured with SHA-256 Encryption