Dracup and Patterson

How Do I Sell a Property When the Co-Owner Refuses to Sell?

Documents to Prepare Before seeking legal advice, gathering all necessary documents to facilitate a smooth consultation process is prudent. Here’s a list of essential documents you should collect:

  1. Property deed or title.
  2. Any written co-ownership agreements.
  3. Mortgage statements and loan details.
  4. Property tax records.
  5. Any existing property management agreements.
  6. Records of property-related expenses and income.
  7. Correspondence between co-owners regarding the sale or dispute.
  8. Any previous legal notices or court documents related to the property.

Understanding Property Disputes

When you co-own a property, disagreements can arise, especially when one party wishes to sell, and the other refuses. Such a property dispute can be stressful, but understanding your legal rights and options can help you navigate the situation.

Legal Steps to Take

  1. Open Communication: Before taking any legal action, it’s essential to communicate with the co-owner. Discuss your reasons for wanting to sell and try to understand their reservations. Sometimes, a simple conversation can resolve the issue.
  2. Mediation: If communication fails, consider seeking real estate mediation services. A neutral third party, often a real estate mediation attorney near me, can help both parties reach a compromise.
  3. Partition Lawsuit: If mediation doesn’t work, you might need to file a partition lawsuit. A partition law firm or a partition attorney can guide you through this process. The court will either physically divide the property or order its sale, with the proceeds split among the co-owners.
  4. Arbitration: Another option is arbitration of disputes in real estate. It’s a more formal process than mediation but can be quicker than a lawsuit. Both parties present their case to an arbitrator, who then makes a binding decision.

Benefits of Hiring an Attorney

  1. Expertise: A real estate litigation attorney or a property litigation lawyer has the knowledge of California real estate law and can guide you through the complexities of property disputes.
  2. Negotiation Skills: An experienced real estate trial lawyer or real estate trial counsel can negotiate on your behalf, ensuring your interests are protected.
  3. Representation in Court: If your case goes to trial, having a real estate trial attorney or property trial law firm by your side can make a significant difference in the outcome.
  4. Resolution: With the help of the best real estate litigation attorney near me, you can achieve a quicker and more favorable resolution to your dispute.


Co-owning a property has its challenges, especially when disagreements arise about selling. However, with the right legal guidance, you can navigate these challenges effectively. If you’re facing such a dispute, consider reaching out to Dracup & Patterson, a leading California real estate attorney firm, to ensure you’re making informed decisions.

Remember, whether it’s a broker lawsuit, escrow lawsuit, or any other property-related legal issue, having the best real estate lawyer near me can be invaluable in protecting your rights and interests.


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