Why Forced Sales Occur
Forced sales generally occur because tenants are unable to agree upon certain aspects of the ownership. The owners may disagree on how to use the property, on the amount of money to invest into the property, or on their right to occupy and use the whole of the property. If the parties cannot come to an agreement, the case moves to court through a petition to partition action. As the number of co-habitants increases in the United States, the petition to partition action has become more common as a remedy to divide real and personal property.
Property may be owned by more than one person either as joint tenants, tenants in common, and in some states tenants by the entirety. The choice of which tenancy to enter into is made by the parties at the time of purchase. With each type of tenancy, each owner has the right to occupy the whole. That means that an owner is not allowed to designate certain rooms as their own and so on. Each element of the property is enjoyed fully by all parties.
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