Can I complete partition to force sale of property on line?

66 year old woman co own home for 22 years > He is moving out and moving his family in. One of the families is a convicted felon for assault of elderly people. I am afraid. What can I do?

Cleveland, OH -

Attorney Answers (3)

Michael J. Caticchio

Michael J. Caticchio

Elder Law Attorney - Cleveland, OH
Answered

yes any co-owner may seek a partition

the process is similar to a foreclosure
the goal would be to avoid the partition if possible because it is a long and expensive process
however, may have to file the partition to force the issue and then hopefully settle

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Charles Lawrence Huddleston III

Charles Lawrence Huddleston III

Estate Planning Attorney - Columbus, OH
Answered

The short answer is "yes, you can seek a partition." But your question is short on facts we need to better advise you.

You should consult with an expert real estate lawyer to help you through this complicated (and sometimes expensive) procedure. Most such attorneys wlll be glad to defer most of their costs until the property is sold.

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Elizabeth Perla

Elizabeth Perla

Elder Law Attorney - Cleveland, OH
Answered

Tenants in common and survivorship tenants can seek a partition. In a partition action, you're asking the court to sell the property and divide the proceeds.

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