71. Deanne, Freda, and Jackie own a lakefront house as tenants in common, but only Deanne and Jackie live in the house. Freda wants to sell the house to a developer, but Deanne and Jackie do not. What recourse, if any, does Freda have?
Answer: A
Freda can file suit for a court-ordered sale of the house.
Freda has the option to file a lawsuit to seek a court-ordered sale of the property. As a tenant in common, she holds a legal right to sell her interest in the property, and if Deanne and Jackie refuse to agree to a sale, she can petition the court to facilitate the sale.
A) File suit for a court-ordered sale of the house.
This option is correct because Freda, as a tenant in common, has the legal right to seek a judicial sale of the property. If the other co-owners refuse to agree to the sale, the court can intervene and order the sale to ensure that Freda can realize the value of her ownership interest.
B) Deliver an eviction notice to Deanne and Jackie.
This option is incorrect as Freda cannot evict Deanne and Jackie simply because she wishes to sell the property. As tenants in common, all co-owners have rights to use the property, and eviction would require a different legal basis that does not apply in this scenario.
C) Charge Deanne and Jackie rent for use of the house.
This option is also incorrect. While Freda may want to charge rent, as tenants in common, Deanne and Jackie are entitled to use the property without paying rent to Freda unless there is an agreement that stipulates otherwise. Charging rent unilaterally would not be legally enforceable in this context.
D) Dissolve the tenancy and form a trust.
This option is incorrect because dissolving the tenancy and forming a trust is not a straightforward recourse in this scenario. Dissolution of the tenancy would typically involve a legal process, and forming a trust does not directly address Freda's immediate desire to sell her interest in the property.
Conclusion
Freda's best course of action is to file suit for a court-ordered sale, as it directly addresses her right as a co-owner to sell her interest in the property. The other options fail to provide a legitimate or effective means for Freda to pursue her goal of selling the property, reaffirming the importance of legal recourse in matters of co-ownership disputes.