Alex, Beth, and Carlos own a commercial building as tenants in common. Alex wants to liquidate his investment and sell his share, while Beth and Carlos prefer to retain ownership and continue operating the business. What legal action can Alex take to achieve his goal?
File a partition action by sale, allowing the court to order the property’s sale and divide the proceeds.
Physically divide the commercial building into separate units for each owner.
Require Beth and Carlos to unanimously agree to sell the property and buy out his share.
Transfer his interest directly to Beth and Carlos without court proceedings.
Alex can file a partition action by sale, which allows the court to order the sale of the property and distribute the proceeds among the co-owners. This action does not require Beth and Carlos's consent and is appropriate when physical division is impractical. The other options either require unanimous agreement or may not be enforceable without court involvement.
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Multistate Bar Examination
Real Property
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