Absent an agreement amongst all of the owners, a “majority vote” cannot compel the sale of a person’s ownership interest in a property against his or her will.
But there is another option available to move the process forward for all parties.
Quitclaim and Warranty Deed Questions
Answers to Frequently Asked Quitclaim, Warranty and Survivorship Deed Questions
On a Deed Listing My Deceased Father or Myself as Owners, Can I Use the Death Certificate to Revise and Add My Grandson?
Based solely on the information provided, it is difficult to determine how title to the real estate was owned, or how it can be transferred going forward.
Specifically, the “or” language may be at issue.
If I Quitclaimed Our House to My Ex-Husband in Divorce, and He Just Died Without a Will, is the Quitclaim Deed Void?
Properly signed and notarized Quitclaim Deeds are generally unaffected by death.
If Our House Was Taken In Lieu of Foreclosure, Do We List the Mortgage as an Unsecured Debt in a Bankruptcy Filing?
When a foreclosure occurs because a loan is in default, the foreclosure lawsuit and ultimate sheriff’s sale “strips” the mortgage(s) from the property, either by paying it off in full or part from the sale proceeds (or in the case of second and third mortgages, by paying a percentage or perhaps none at all).
This is done so that any new purchaser of the property can take ownership free and clear without any encumbrances.
If My Deceased Son’s Wife Left His Children to Remarry, How Can I Remove Her from the Deed to My Estate and Leave Property Only to His Children?
Simply re-draft the Deed to include the names of the three children of the deceased son as Grantees, omitting the name of your child’s ex-spouse.
If a Quitclaim Deed is Used to Grant Right-of-Way, Does Ownership of the Designated Land Change?
If the language of a Quitclaim Deed indicates that a right-of-way is being transferred to a Grantee — and the deed does not reserve for the Grantor any right to use the land or cause the Grantor to retain some ownership interest in the right-of-way — then the right-of-way becomes the property of the Grantee … Read more
If My Husband and I Own Real Estate in a Partnership with Others and I Want Out, Can We Simply Create a Quitclaim Deed?
A completed Quitclaim Deed signed by all of the listed owners of the current deed could certainly be used to transfer the property ownership as desired.
For such a document see, Standard Legal’s Quitclaim Deeds package.
But transferring the property ownership from both spouses to one would not necessarily change the nature of the ownership within the Partnership.
Can I Sell a Property by Quitclaim Deed if One of the Currently Listed Owners is My Estranged Minor Son?
Completing a property sale using a Quitclaim Deed when one of the listed owners of that property is a minor who is not living in the parent’s home is a complicated issue with several variables.
The first issue is the minor’s ability to enter into a binding contract (i.e. the transfer of the property to a third party), as such contracts are voidable by the minor due to his age. But there are additional considerations and potential solutions.
Is There a Set Time Limit in Which an Executed Deed Must Be Provided After the Completion of Payments on a Land Contract?
The vast majority of states have no firm set time period or “grace period” for requiring the tender of a Deed for real property upon the completion of payments on a private mortage.
Can a Deed of Trust Be Paired with a Quitclaim Deed to Prevent Foreclosure in Default?
So long as the contract is properly written, a provision providing that the buyer will sign a Deed to avoid having the seller go through a foreclosure process to reclaim title to the property would be enforceable.