[Direct answer]In principle, it is not allowed to sell the property unilaterally. Article 301 of the Civil Code of the People's Republic of China stipulates that the disposition of jointly owned immovable property shall be subject to the consent of more than two-thirds of the fractional co-owners or all co-owners (unless otherwise agreed); Article 304 stipulates that co-owners may negotiate and determine the method of division. If no agreement can be reached and it is difficult to divide the property, they may request a division, and the court may order a valuation or auction/sale and then divide the proceeds. Therefore, when one party does not agree to sell the property, the other co-owners cannot forcibly dispose of it, but they can initiate a lawsuit for the division of jointly owned property and realize their rights through valuation or discounting. When selling the property, the other co-owners enjoy a preemptive right to purchase under the same conditions (Articles 305 and 306).

1. Problem background and typical scenarios

The inherited property is jointly owned by several heirs. Some people urgently need funds and want to sell it, while others want to keep the ancestral house and are unwilling to sell it. In this stalemate, the house can neither be traded nor divided. Moreover, some people sign contracts with buyers without authorization, which leads to disputes over the validity and performance of the sales contract. The key to such problems is to distinguish between the two paths of "directly disposing of jointly owned property" and "requesting to divide jointly owned property".

II. Key points of contention

First, what proportion of consent is required for the disposition of jointly owned property. Second, the legal effect and performance risks of unilateral sales contracts. Third, the methods and conditions for dividing jointly owned property. Fourth, the exercise of preemptive rights and remedies. Fifth, how to determine and provide evidence of joint ownership shares.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once handled a case involving property inheritance. Wang Yuhong claimed that a certain house was purchased in her father's name and sued her relatives to assist in the transfer of ownership. The defendant, represented by our firm's lawyers, argued that the house was the inheritance of the elderly and had been disposed of according to the will. After reviewing evidence such as notarized certificates, gift contracts, and wills, the lawyer pointed out that the claimant failed to prove the existence of a borrow-name agreement and actual investment, and had previously notarized her waiver of inheritance rights. Ultimately, the court ruled that the house should be inherited by the heirs in proportion to their shares as the inheritance. Although this case involved a borrow-name dispute, it clearly demonstrated the logic of confirming ownership of jointly owned property: shares are determined by the will or statutory inheritance, and disposal must respect the rules of joint ownership. Returning to the question of "whether a party can sell the property without the consent of others": First, direct sale requires meeting the consent threshold. Unilateral contracts with others may fail due to lack of right of disposition, and the party may even bear breach of contract liability. Second, a more feasible approach is to initiate a partition suit, request compensation or partition by sale, and let the court resolve the impasse. Third, regardless of the method of disposition, the other co-owners must be legally notified and their preemptive purchase rights protected. Otherwise, the transaction may be declared invalid or the party may be held liable for compensation. Fourth, if the co-owners have disputes over shares, they should first determine the shares through ownership confirmation or inheritance litigation before discussing disposition. This case was handled by Beijing Henglue Law Firm.Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm the shares of all co-owners and handle the notarization of inheritance rights or litigation for rights confirmation; Second, negotiate a sale or discounted price plan and form a written agreement; Third, if negotiation fails, initiate a lawsuit to divide the jointly owned property and request a price adjustment or discount; Fourth, when selling the property, notify other co-owners in writing and guarantee their preemptive purchase rights. For cases involving inheritance and jointly owned real estate, you can refer to the relevant provisions of the Inheritance Law and the Property Law of the People's Republic of China.\nInheritance of property and division of family assetsFor contracts involving the sale of real estate, you can refer to the following provisions:Property sales and construction projectsLegal basis: Articles 301, 303, 304, 305, and 306 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, it's risky to sell jointly-owned real estate unilaterally, which may constitute an unauthorized disposition. Secondly, a lawsuit for partition is a legitimate way to break the deadlock. Thirdly, it's essential to guarantee the preemptive right of purchase, otherwise the transaction may be reversed. Fourthly, it's advisable to first confirm the ownership rights and then proceed with the disposition, which can help avoid consecutive disputes. For matters involving the disposition and partition of jointly-owned real estate, it's recommended to seek legal advice from a professional lawyer.\nInheritance and division of family assetsThe service provides a comprehensive solution, which involves the integration of real estate transactions and contractsProperty sales and construction projectsFor those involved in the division of marital assets during a divorce, the following information may be helpfulDivorce litigation and family disputesFor any questions regarding difficult situations, you can consult the column for assistanceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: I hold the majority of the shares. Can I sell them myself?

Under the system of joint ownership by shares, the disposition of the property requires the consent of more than two-thirds of the co-owners. Once the required proportion is reached, the property can be disposed of, but the preemptive purchase rights of other co-owners must still be protected. Under the system of joint ownership, the disposition of the property generally requires the consent of all co-owners.

Q2: If the other party doesn't agree, what should I do?

First, you can negotiate a discounted price plan; if the negotiation fails, you can file a lawsuit to divide the jointly owned property, and request a discounted compensation or divide the proceeds from the auction. The court may decide on the division of the property, discounted price, or auction proceeds based on the circumstances of the case.

Q3: What are the consequences of selling a house without authorization?

This may constitute an unauthorized disposition, and the contract may face the risk of being unable to be performed. The buyer may claim breach of contract; other co-owners may claim that the transaction is invalid or demand compensation. The risk is high, and it is not recommended to operate unilaterally.

Q4: How is the preemptive right guaranteed?

The co-owner who intends to sell the property shall notify the other co-owners in writing, informing them of the price and conditions and giving them a reasonable period to respond. Under the same conditions, the other co-owners may have the priority to purchase the property. If the notification obligation is not fulfilled, the co-owner may be held accountable.

Q5: How long will this process take?

The first-instance trial for partition litigation typically takes three to six months, and the time may be extended if it involves appraisal and auction. If an agreement is reached and the relevant procedures, such as notarization and registration, are completed, the timeframe can be significantly shortened. It is recommended to consult a lawyer as soon as possible to determine the best course of action.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.