Title Disputes: When One Party Doesn’t Want to Sell

December 7, 2022

If you co-own a property and want to sell, but the other party doesn’t, you may wonder what your legal options are. The situation is quite common. When co-owners do not agree on the sale of the property, they may feel that litigation is the only option to resolve the dispute. However, that is not correct. 



As a real estate attorney, Peter J. Snyder regularly handles title disputes that arise between property co-owners. Attorney Snyder helps clients resolve real estate disputes as swiftly and efficiently as possible. With an office in Boca Raton, Florida, Mr. Snyder works with clients in Delray Beach, Deerfield Beach, and the rest of the state. 


Reasons One Person Won’t Sell 

There are several reasons one person may refuse to sell the co-owned property when the person they share ownership with wants to sell. Common reasons one person won’t sell are: 

  • Inheritance . If a person inherited the property from their parents or grandparents, they are less likely to want to sell the property. Many people tend to hold on to heirlooms because there are many memories attached to those properties. 
  • Divorce . Two soon-to-be-ex-spouses can argue about a lot of things, including whether or not to sell property, when going through a divorce. In fact, who gets what and what to do with co-owned property tend to be some of the most contentious topics when ending a marriage. 


Regardless of the reason why one party does not want to sell, the other party may wonder how to get out of co-ownership of property. In this situation, a partition may be the best option for everyone involved. 


Understanding Partitions 

At this point, you might ask, “ What can I do if I want to sell, but the co-owner doesn’t want to? ” You may need to opt for what is known as partition. The term “partition” refers to the process of dividing real/personal property owned by more than one individual or entity. A partition lawsuit can be filed when a title dispute arises. The purpose of partition is to divide the co-owned real estate or sell it and divide the proceeds. 


Courts recognize three types of partitions: 

  1. Partition by sale . When one party wants to sell the property but the other party doesn’t want to, the court may order the forced sale of the property. 
  2. Partition by kind . When title disputes over co-owned property arise, the court may order the division of property in an equitable manner, allowing each co-owner to keep a certain percentage of ownership. 
  3. Partition by appraisal . If one of the co-owners refuses to sell the property, the other co-owner(s) can buy out that party’s share for the appraised price. However, all parties must agree to partition by appraisal before the court can order it. 


Yes, a partition may be the only option to resolve a title dispute in which one co-owner does not want to sell the property. However, the partition process can be complicated and confusing, which is why you’ll need the assistance of an experienced real estate attorney to help you. 


Dividing the Proceeds 

Many people resolve title disputes by filing a partition lawsuit to force the sale of the property. If the sale of real estate is forced by the court, the proceeds will be divided among the co-owners based on their interest in the property. Before the proceeds are divided, attorney’s fees, referee’s fees, liens, commissions, and other sale-related costs will be deducted from the amount. 


When dividing the proceeds, courts may consider a number of factors that may affect the co-owner's interest ownership. That is why consulting with a knowledgeable attorney is crucial to understand your rights when selling property and dividing the proceeds. 


Turn to Peter J. Snyder, P.A. 

When title disputes where one party does not want to sell arise, Peter J. Snyder has extensive experience representing both sides of the dispute. As a real estate attorney in Boca Raton, Florida, Attorney Snyder helps clients negotiate a favorable settlement and defend their interests in and out of court. Schedule a consultation with Mr. Snyder to discuss your unique case.

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