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How to Sell Property when one of the owners refuses to sell

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mariepaz


Arresto Menor
We inherited a property(house and lot) from our deceased parents. Six of us siblings want to sell the property so we can get the money and use it for our own families. However one of my brothers (who is the only one who lives in the property) doesnt want to sell the property ever. What can we do? We have not benefitted from this property for ever and some of my siblings badly need the money for medical reasons.

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attyLLL


moderator
the by the book answer is to file a complaint for partition but a solution is normally possible only for lots, not when it's a residence. however, there is no way to compel him to sell his share.

has the title been transferred to your names?


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mariepaz


Arresto Menor
Yes the title has been transferred. The house is so old and may not have any value worth selling anymore. Its only the lot that is of value. Does this qualify is for partition? What is the first thing we do.

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attyLLL


moderator
i recommend that you all have a heart to heart talk with your brother. he should buy out the others' shares. if this doesn't work, i suggest, though not required if you do not live in the same city or municipality, you file a complaint at the barangay for a chance at some form of mediated settlement.

if still doesn't work, then a judicial complaint in court for partition. the court will probably order the property sold at auction and the proceeds divided among you.


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