can i force the sale of a real estate property if i am on the title along with 3 other people? (equal shares)?

I am on the title to my family's property along with each of my two brothers and my mom. I want to move and get out what my share of the property is worth. can i take any sort of legal action to force the sale of the property? If so, who determines the sale price of the home, an appraiser? If not, can I put a second mortgage on the property due to my name being on the title? I just basically want to know what my rights are considering that I am not the sole title holder to the property. Thanks guys... p.s. the property is in florida, i am of age, i am the only one who pays the taxes and upkeep on the home.

Public Comments

  1. all parties need to agree. if they will not sell, then sell your share to them.
  2. my understanding of this area of law is shaky. IF the property is owned as tenants-in-common, you have the right to sell your portion of the property to anyone you wish, for any price that you find agreeable. however, I see nothing in the Florida laws concerning real property [Chapter XL of the statutes] that would permit you to force the sale of anyone's else's interest in the property. of course, this situation has come up before and there is a commercial solution ... there are specialized firms that list and deal in tenant-in-common owned partial interests in property [google 'em on the web]. *** however, if your ownership is not tenants-in-common [the deed tells you what form your ownership is -- the county recorder has it on file and it probably is internet searchable] then I do not know what you can practically do other than move away and gift your interest to someone [your mother?]. GL
  3. Yes, you have sue the other owners. The judge will order the property sold and the profit split. Contact an attorney to get this done.
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