Question 71

Freda can file suit for a court-ordered sale of the house.

Freda has the option to file a lawsuit seeking a court-ordered sale of the house since all three parties own the property as tenants in common. In a tenancy in common, any co-owner can request a partition of the property, which may result in a forced sale if the other co-owners do not agree to sell voluntarily.

A) File suit for a court-ordered sale of the house.

This option is correct as it aligns with the legal rights of a tenant in common. If co-owners cannot agree on the sale of the property, one owner can petition the court to order the sale to resolve the deadlock, allowing Freda to pursue her intention to sell to a developer.

B) Deliver an eviction notice to Deanne and Jackie.

This option is incorrect because Freda cannot evict Deanne and Jackie from the property. As a tenant in common, they have equal rights to occupy the property, and eviction would not be a legal remedy available to Freda in this situation.

C) Charge Deanne and Jackie rent for use of the house.

This option is also incorrect as Freda cannot unilaterally charge rent to her co-owners. All tenants in common share the rights to the property, and imposing rent on them without their consent would not be legally justified.

D) Dissolve the tenancy and form a trust.

This option is inappropriate in this context. Dissolving the tenancy and forming a trust would not directly address Freda's desire to sell the property and would require a more complex legal process that is not necessary for her immediate goal.

Conclusion

Freda's best recourse is to file suit for a court-ordered sale of the house, as this is a legal right afforded to co-owners in a tenancy in common when there is a disagreement about the sale. The other options fail to provide a viable path for Freda to achieve her objective of selling the property, reinforcing that the legal system offers a clear route for resolving such disputes among co-owners.