I'm on title and loan with my sister house - is it possible to sell the house if she does not want to.

Question

I'm on title and loan with my sister house - is it possible to sell the house if she does not want to.

Answer

The only way to sell a property with more than one person holding record title to it is either by agreement or by a court proceeding called a "partition" action. A partition action is called that because in ancient times the courts actually divided the property. In modern times with modern subdivision, planning and zoning laws, they no longer do that. Rather the court orders the property sold at sheriff's auction, just like a foreclosure. Then any mortgages are paid off and the court divides what's left among the owners. As you can imagine, that process results in WAY less money than if the property was put on the market with a real estate brokerage and sold, not to mention the wasted time and the cost of attorneys. So most people come to their senses and agree to sell, or to buy the other person out if possible, rather than go through with a partition case.