Options for forcing the sale of an inherited property in New Jersey when a co-owner won’t cooperate

Short answer: If a family member who co-owns an inherited parcel refuses to list or sell the property, you can often force a sale by filing a partition action in New Jersey Superior Court. Before filing, you should confirm title and probate status, attempt negotiation or buyout, and consider mediation because court proceedings take time and money.

Disclaimer: This is general information only and not legal advice. Consult a New Jersey attorney about your specific situation before acting.

Detailed Answer

1) Confirm ownership and how title was transferred

Start by verifying how the property became yours and your relative’s. If the property passed through probate (under a will or by intestacy), check the probate record or the recorded deed to confirm you are a co-owner. Many inherited properties end up held as tenants in common; that arrangement gives each owner a distinct share that can be partitioned.

2) Try informal resolution first

Court action is often avoidable and expensive. Common non‑court steps include:

Proposing a cash buyout of the other owner’s share (obtain a market valuation to make a fair offer).
Suggesting listing with a realtor and splitting net proceeds, or agreeing to sell to a third party.
Using a neutral mediator to help reach an agreement quickly and cheaply.

3) Send a formal demand and preserve your interest

If negotiation fails, send a written demand letter asking for sale or buyout and keeping a record of communications. If you plan to file suit, consider placing a lis pendens (notice of pending action) to warn potential buyers or lenders — a lis pendens is a court filing and you should discuss it with an attorney before filing.

4) File a partition action in New Jersey Superior Court

If the co-owner still refuses to cooperate, New Jersey law allows a party to bring a partition action. Partition statutes are codified at N.J.S.A. 2A:34-1 et seq.; see the chapter on partition of real property on the New Jersey Legislature website: N.J.S.A. 2A:34-1 et seq.

Key points about partition actions in New Jersey:

The court may order a partition in kind (physically divide the land) when fair division is practical.
If division is impractical or would unfairly reduce value (for example, a single-family house on one lot), the court will order a sale and divide the proceeds among owners according to their shares.
The court can appoint commissioners or a referee to value and divide property or to oversee a sale.
The court will account for liens, mortgages, contributions to improvements, and rents or use by co-owners before distributing net proceeds.

5) What the partition process usually looks like

File complaint and serve all co-owners and interested parties (mortgage holders, lienholders).
Court may order appraisal and mediation or set the matter for hearing.
If the court orders sale, the property is sold (public sale or private sale under court supervision) and proceeds are distributed after paying liens, costs, and any adjustments.
The process typically takes several months to a year or more depending on complexity, court schedules, and whether appeals occur.

6) Costs, risks, and what to expect

Partition actions create legal fees, court costs, appraisal fees, and possibly sale costs (broker commissions if the court permits listing, advertising, auction fees). If you pursue partition and ultimately lose or if the court denies a requested remedy, you may still be responsible for costs and attorneys’ fees. Courts sometimes shift fees where one party acted unreasonably, but you should not count on fee awards.

7) Special issues for inherited property

If title hasn’t been cleared after probate, get necessary probate or estate documents recorded (estate executor can transfer title via deed).
If one co-owner lives on the property, the court can account for fair rental value or occupancy credits when distributing proceeds.
Mortgage and tax liens remain attached to the property. The court sale proceeds generally are used to pay outstanding encumbrances before distributing net proceeds to owners.

Helpful Hints

Gather key documents before you meet an attorney: death certificate, will/probate docket, deed, mortgage statements, tax bills, and proof of any improvements you paid for.
Get a current market appraisal or at least a broker price opinion to frame negotiation or a buyout offer.
Consider mediation early; courts often favor settlement and mediation is much cheaper than litigation.
Ask your attorney about lis pendens and how to protect your interest while litigation is pending.
Be realistic about whether physical division is practical — most single‑house parcels result in sale by the court.
Keep records of any payments you make for mortgage, taxes, or maintenance; courts may credit those payments.
Talk to a tax advisor before sale — proceeds may have tax consequences (capital gains, basis, estate issues).
If the other co-owner is uncooperative due to incapacity or incapability, a guardian or conservatorship issue may arise — bring this to your attorney’s attention.

Next step: consult a New Jersey real property or probate attorney. They will confirm ownership, advise whether a buyout or partition petition makes sense, prepare pleadings, and explain likely costs and timelines based on your county’s practice.