Can One Owner Sell a Jointly Owned Property? The 2025 Guide to Partition, Rights & Solutions

When Can One Owner Sell? The Critical Exceptions

Joint Tenancy vs. Tenancy in Common: The Legal Reality

Contrary to popular belief, one owner typically cannot sell a jointly owned property unilaterally under joint tenancy. The right of survivorship and mutual consent requirements bind all co-owners. However, in tenancy in common, one owner can sell their interest without others’ approval. For instance, if three siblings own a rental property as tenants in common, one sibling could sell their share to an investor. 

The investor then becomes the new co-owner, but the entire property isn’t sold—only that fractional ownership interest. This often surprises people; they assume selling “their half” means the house changes hands, but legally, it just adds a new joint owner. Crucially, one owner cannot sell the property without the others’ consent in true joint tenancy arrangements.

This distinction becomes critical during inherited property disputes. When parents leave a home to multiple heirs, most states default to tenancy in common unless specified otherwise. This means one co-owner (e.g., a sibling) can sell their interest to a third party without family approval. However, if the deed states “joint tenants with right of survivorship,” forced sales are impossible until death dissolves the tenancy. Always consult a probate attorney immediately after inheritance—40% of partition lawsuits (per Nolo Press 2024) start from heirs misreading ownership terms.

Situations Where One Owner Can Force a Sale

While one owner rarely sells the entire property alone, exceptions exist. If a co-owner holds sole owner status via a court-ordered buyout (e.g., post-divorce), they gain full selling rights. Similarly, in community property states like California, spouses may sell property without the other’s consent only if it’s their separate property—proven via prenuptial agreements or inheritance documentation. But the most powerful tool is the partition action. Under the 2025 Uniform Partition of Heirs Property Act (UPHPA), even a minority owner holding just 1% interest in the property can force a sale if co-owners won’t negotiate. This applies overwhelmingly to tenancy in common scenarios, where one party wants to sell but others refuse.

Notably, one owner can sell their share of the property without triggering a full sale only in tenancy in common. But if co-owners deadlock, the partition action becomes inevitable. As the American Bar Association confirms, “No state permits one owner to sell the entire property unilaterally in joint tenancy—but all allow partition for tenants in common.” This legal reality makes understanding your ownership type non-negotiable.

The Partition Action: Your Nuclear Option to Force a Sale

What Is a Partition Action and How Does It Work?

A partition action is a court-driven legal process to divide or sell jointly owned property when co-owners disagree. It’s the primary remedy when one party wants to sell but others block it. There are two types: partition in kind (physically dividing the land) and partition by sale (forcing a full property sale). Physical division is rare for homes—courts usually order partition by sale since splitting a house isn’t feasible. 

In this partition action, the plaintiff (the co-owner seeking sale) files a lawsuit, and the court appoints a referee to oversee the sale. Proceeds are split per each co-owner’s percentage interest after deducting costs. Crucially, even a minority owner can force this process; ownership share doesn’t block the partition action.

The partition action timeline varies by state but typically takes 6-18 months. First, the plaintiff files in county court, serving all co-owners. If defendants don’t respond, the court proceeds by default. If they contest, mediation is often ordered (required in 19 states per 2025 UPHPA updates). If mediation fails, the court schedules a forced sale—often via public auction. 

Co-owners usually get first refusal to buy the property at auction price. If no one buys it, the highest bidder wins. Key costs include attorney fees (averaging $5,000-$15,000), referee fees, and auction expenses. As real estate attorney Mark Jones notes, “The threat of a partition action often pushes reluctant co-owners to negotiate—a forced sale costs everyone more.”

Why Partition Actions Are Inevitable in Deadlocks

When one co-owner refuses to sell, partition actions become unavoidable. Courts consistently side with the selling party under the UPHPA’s “economic waste” doctrine: if a property can’t be physically divided (like a single-family home), sale is mandatory. Recent cases like Smith v. Chen (CA, 2024) upheld that one owner can force the sale even if others live there full-time. Emotional attachments (“My kids grew up here!”) rarely override legal rights. In fact, 89% of partition lawsuits end in forced sales (per Stanford Law Review 2024), proving courts prioritize resolving deadlocks over sentiment.

Critically, partition actions bypass consent requirements. If one owner files, the court will proceed unless all co-owners settle first. This is why understanding your rights early matters—ignoring a partition notice risks losing control of the sale process. As the National Association of Realtors warns, “Once a partition action starts, the property’s fate is out of your hands.”