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Can I sell my share.or part of my share to any of the others without having approval of the other three.Or can I sell to a non share holder without their consent?

2007-08-11 06:15:17 · 6 answers · asked by elangarreg 1 in Business & Finance Renting & Real Estate

6 answers

this is something that should have been agreed when you all bought the property

2007-08-11 06:24:03 · answer #1 · answered by Anonymous · 0 0

It depends on how the property was set up in the first place. Also what is the property and how is it being used. You don't want to upset anyone, so I'd say explain it to the other shareholders as to why you want to sell. Perhaps one of them would be willing to buy your share so it doesn't go to any outsiders.

2007-08-11 13:24:27 · answer #2 · answered by magnolia 5 · 0 0

That depends upon how title is held. If you are Joint Tenants, all must agree to any sale, encumbrance or other disposition. If you are Tenants in Common you can sell your share independently of the other Tenants in Common.

2007-08-11 13:40:03 · answer #3 · answered by Bostonian In MO 7 · 1 0

It depends on how your title/deed is written and how the state views and acts upon multiple owners of a real estate. You should seek legal advice in the state where the real estate is owned taking a copy of the title/deed with you. It sounds like either number 1 or number 4 below applies to you. Here are some types of real estate ownership.
There are a variety of forms of ownership of property. The more common forms of ownership include:

(1) Joint Tenancy: property owned by two or more people at the same time in equal shares; typically referred to as the four unities (unity of time, title, interest and possession vesting in each joint tenant). Each joint tenant has an undivided right to possess the whole property and a proportionate right of equal ownership interest. When one joint tenant dies, his/her interest automatically vests in the surviving joint tenant(s) by operation of law. Words in the deed such as "John and Mary, as joint tenants with right of survivorship and not as tenants in common" establishes title in joint tenancy. Not all the states allow this form of property ownership.

(2) Tenancy in the Entirety: some states have a special form of joint tenancy when the joint tenants are husband and wife -- with each owning one-half. Neither spouse can sell the property without the consent of the other. Words in the deed such as "John and Mary, husband and wife as tenancy in the entirety" establishes title in tenancy by the entireties.

(3) Sole Ownership: owned entirely by one person. Words in the deed such as "John, a single man" establishes title as sole ownership.

(4) Tenants in Common: property owned by two or more persons at the same time. The proportionate interests and right to possess and enjoy the property between the tenants in common do not have to be equal. Upon death, the decedent' s interest passes to his/her heirs named in the will who then become new tenants in common with the surviving tenants in common. Words in the deed such as "Peter, Paul, John and Mary as tenants in common" establishes tenancy in common.

(5) Community Property: only in states that recognize community property, a special form of joint tenancy between husband and wife, each owning one-half. Upon death, the decedent's interest passes in a manner similar to tenants in common. Words in the deed such as "John and Mary, husband and wife as community property" establishes community property ownership.

The above ways for owning real property are all present interests - that is, the owner has the rights now. There are also future interests - that is, interests in property that come into effect in the future. Typically future interests are based upon the occurrence of a contingency, such as someone dies and the decedent's interest in the property passes in accordance with his/her last will or trust.

2007-08-11 13:40:07 · answer #4 · answered by Michael I 3 · 0 0

No you cannot,all the partners have to aggree.

2007-08-11 15:16:22 · answer #5 · answered by M.Kane 1 · 0 0

you all part own it so i think you will need at least a majority vote. you need to discuss it with them all tho

2007-08-11 13:21:49 · answer #6 · answered by Adele M 3 · 0 3

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