Posted on: 09th Feb, 2010 05:46 am
Here is the situation in a "nut-shell". My father and his second wife were listed on the deed for property as "husband and wife, JOINTLY". My uncle was also listed on the deed as co-owner. My uncle passed away and his family sold me his interest in the property. So the deed then had my dad and his wife, JOINTLY, and myself on the deed. In a rather ugly divorce, my ex-step-mother had my father removed from the deed so that the deed now lists herself and me as co-owners...
All that to ask: She thinks she owns 2/3 of the interest in the property. I contest that we each own 50% undivided interest. Who is correct?
She currently lives on the land and refuses to buy me out or sell me her interest: is a partiotion suit a good way to settle this dispute? If so, how long does such a suit generaly take to settle?
Thanks for "listening"
Jay
All that to ask: She thinks she owns 2/3 of the interest in the property. I contest that we each own 50% undivided interest. Who is correct?
She currently lives on the land and refuses to buy me out or sell me her interest: is a partiotion suit a good way to settle this dispute? If so, how long does such a suit generaly take to settle?
Thanks for "listening"
Jay
50/50!
Thanks Theo(Ted). That was my understanding too.
On the same note: The deed states she is tenant "with right of survivorship and not as tenant in common". Does this mean if she passes away, I will be the full owner of all the property? Do her kids have a claim on the land? I know her creditors will have a claim (even if the debt is not related to the land).
Thanks again
Jay
On the same note: The deed states she is tenant "with right of survivorship and not as tenant in common". Does this mean if she passes away, I will be the full owner of all the property? Do her kids have a claim on the land? I know her creditors will have a claim (even if the debt is not related to the land).
Thanks again
Jay
i think it depends on how the original ownership was structured - actually i am certain of it.
was the original deal to be husband & wife together and uncle separately, thereby dividing the title two ways (50-50, as ted said)? or was it one-third, one-third, one-third? i don't buy that one, as you already told us it was "husband and wife, jointly."
i suspect you'll need a court decision to rectify all this. i have to say i find it a bit peculiar that the uncle's family decided to sell his portion of the property to you - was it their desire to upset the "evil stepmother"?
and how in the world did you pull it off? what kind of deeds were filed when you assumed ownership of his portion of the title?
was the original deal to be husband & wife together and uncle separately, thereby dividing the title two ways (50-50, as ted said)? or was it one-third, one-third, one-third? i don't buy that one, as you already told us it was "husband and wife, jointly."
i suspect you'll need a court decision to rectify all this. i have to say i find it a bit peculiar that the uncle's family decided to sell his portion of the property to you - was it their desire to upset the "evil stepmother"?
and how in the world did you pull it off? what kind of deeds were filed when you assumed ownership of his portion of the title?
The original deed states clearly that the split was 1/2 and 1/2. Husband and wife JOINTLY and Uncle.
As for why the land was sold to me: I was told that they had no desire to be involved in the "ugly divorce". My ex-step mother had asked them to give up their interest in the land and was harrassing my aunt over the whole deal.
As for the title; my aunt and her children signed a quitclaim and deeded his interest to me.
Hope all this helps. I am trying hard not to be vindictive in all this. In fact I have offered to give my ex-step-mother my interest in the land in 10 yrs if she would allow me to use it to secure a land loan in the state where I live...different from the state the land is located in. Once the land was no longer needed as collateral it would be dropped from the loan and I was going to sign it over to her.
Jay
As for why the land was sold to me: I was told that they had no desire to be involved in the "ugly divorce". My ex-step mother had asked them to give up their interest in the land and was harrassing my aunt over the whole deal.
As for the title; my aunt and her children signed a quitclaim and deeded his interest to me.
Hope all this helps. I am trying hard not to be vindictive in all this. In fact I have offered to give my ex-step-mother my interest in the land in 10 yrs if she would allow me to use it to secure a land loan in the state where I live...different from the state the land is located in. Once the land was no longer needed as collateral it would be dropped from the loan and I was going to sign it over to her.
Jay
well, it seems you're off to court soon; unless there's a way you can resolve it outside, though i'm sure that means legal help, nonetheless.
it can't be amicable, i guess, but you might still preserve your sanity and hers with as reasonable a method as possible, i suppose.
it can't be amicable, i guess, but you might still preserve your sanity and hers with as reasonable a method as possible, i suppose.