I inherited real property with my siblings....What if one of us wants to sell?

You have heard it said many times over, "Money is the root of all evil."  I know this to be true because I have seen it happen many times.  A beloved parent dies and the siblings are tearing the pictures off the walls, stripping the house of antiques, and fighting over every little item down to the vacuum cleaners and old sheets.  Personal property items are difficult enough to deal with, but when two feuding siblings inherit property as tenants in common, things become more complicated.  If multiple owners of real property cannot agree on whether to keep the real estate or sell it, a partition proceeding may be necessary.  

A partition is a special proceeding in front of the clerk of superior court where the clerk must determine if the real property can be divided or if it must be sold.  

There are two types of partitions:

1.  Actual partition:  This is the physical division of the property among property owners, but this is typically difficult to do.  This type of partition is favored by the law.

2.  Partition by sale:  This is the sale of the real property, where the proceeds are divided among the owners

In order to determine which is the best choice between the two types of partitions, the clerk will consider the nature, character, condition, and location of the land, the ownership interests of each party, and any economic waste that a division of the property would cause.

If an actual partition is chosen by the clerk, three commissioners will be appointed to divide the land.

If a partition by sale is chosen, the clerk will determine if the sale will be private or public, and a commissioner will conduct the sale.    

Although partitions resolve the legal differences between the parties, there are rarely any winners, as the court costs, attorney fees, and commissioner fees can add up quickly and the emotional differences are usually exacerbated during the process.

Partitions can involve complicated legal matters and you should consult an attorney if faced with these issues.