How does Partition law suit work?

Welcome vtran,

You can try filing a partition law suit on your own at the court. But if you are not confident enough to do that, you can take the help of an attorney. The attorney will help you in filing the lawsuit.
To know more about partition lawsuit, check out the following link:
http://www.mortgagefit.com/know-how/removecoborrower.html#22327

As far as cost of filing a law suit is concerned, it will vary from state to state.

I found that more than 11,000 residents of carson including myself and taking peoples houses during a modification loans . we what to get a partion going ,We have 60 names so far, these people want and deserve to have a chance at buying their homes back . especally the ones with a job . These homes have been pick up at auctions for as little as 1,000.00

I have one personal doubt on Legal matter. Plz take ur own time to answer.
Case in Brief:
Assume Man-A given a “Irrevocable Agreement of Sale-Cum-General Power of Attorney” to Persons X and Y.
Now Man A agreed to withdraw the above said GPA (Irrevocable agreement of sale cum GPA) by means of some negotiation with the opponents.
My questions are :
1. If a man given GPA to X and Y persons and now he wants to withdraw that GPA, can he…???
2. Is there any time limit to Renew the GPA since the given GPA is around 10 months old….and it needs any retention period.
3. The word “ Irrevocable Agreement of sale cum GPA “ in which can he withdraw this GPA (IMP question)
4. If not possible to withdraw, can we do the settlement outside the court by means of negotiation.

Note: The persons X and Y knows that GPA given to them by man A is Bogus, since they does not have Patha Pass Books(on Agriculture lands), and we (Opponents) have Registered legal document and Patta pass books with us of the Agriculture land. They simply filed a case by giving above GPA to persons XY, and created some panic to us to plug some money on this from us. Finally they came to know ,even their Advocate says that one day we will lose this case and that is why they are negotiating with us. For which first he has to Withdraw the case for which we need to give some money to the GPA holders that is persons X and Y since X and Y given some money to Man-A as he has given above GPA.

Pl clarify on this. Can he Withdraw the GPA or not. If not, what is the possible solution


Thnaks & Regards
R Singh
9949000435

Hi,

I've tried to answer this query at http://www.mortgagefit.com/problems/poa-agreement.html#110365 .

Hope, this helps you.

husband received a life estate when his mom died. in the will it states, he has a life estate and can use the home until he decides to sell. he has 3 other siblings, that when the home sells, they will get equal share. but my husband doesnt want to sell, but the family has been bully him into it for 4 years now. we even tryed to buy them out..no luck. also there was a home equity loan taken out by the mom right before she died, my husband has been paying on it for 5 yrs now, since the siblings didnt have the money at the time to pay it off. probate has been closed. can he get the money back from the home equity loan at the time of the sale? also can he rent the house out, without anyone taking him to court? we live in south carolina

Your husband has an estate for the balance of his life. Upon his death, the property apparently will be sold and the proceeds distributed in conformity with his mother's will. He is responsible for maintaining the property during his lifetime and that includes paying the mortgage and taxes as well as keeping the property in well maintained condition. He cannot be forced to sell the property. However, assuming his siblings are the residual beneficiaries (that is, their estates share in the proceeds upon the sale after his death), your husband can agree with them to sell the property. That agreement can contain whatever terms and conditions the four can agree upon and if they agree, he can be reimbursed for payments on the equity loan. If they do not agree, the proceeds of the sale will first be applied to any outstanding indebtedness and the balance divided in conformity with his mother's will. He probably can rent the property to third parties unless his mother's will prohibits any usage other than as his residence. However, the responsibility for maintenance is not diminished by his renting to third parties. You have no reason to try to buy out his siblings. If you survive him and the mother's will says his estate gets a portion of the sales proceeds, that will happen. So. Carolina utilizes English law for the most part in this subject area and I am relying on those principles in writing here.

Hi sea,

If your husband mother has given him a life estate right to the property, he can use the property as his principal residence as long as he wants. The will clearly states that he can have the life estate until he decides to sell the property. Thus, he has the right to decide when to sell the property. His siblings cannot force him to sell the house.

The will states that when the house is sold the siblings will get equal share of the proceeds. The home equity loan is an obligation of his mothers estate. If the property is sold, this debt obligation has to be satisfied first before the rest of the sale proceeds are distributed among the siblings. Since your husband has been paying for the home equity loan, he can claim a larger share of the sale proceeds.

As far as renting the property is concerned, his siblings can have objection to that. If your husband rents out the property, he will probably not be able to retain the life estate right. As far as I know, he needs to use the property as primary residence in order to have the life estate right to the property.

Proceedings of a partition lawsuit differ according to state law and depending upon the language of the deed. One major determinant in the proceedings is how the deed was taken, because that establishes the shares of ownership. The deed could have been taken as joint tenants with rights of survivorship or as joint tenants in common. If the deed was taken as joint tenants then ownersihp shares are always equal, so the value of the property would be equally divided among the co-owners regardless of contribution to purchase price. No credits would be given for any excess that any one co-owner may have contributed to purchase price, as all shares are equal. Some states allow one or more co-owners to buyout the other co-owners. If the property is sold, the normal outlet for sale is auction. So it is to each owner's interest to work through the situation instead of going through the timely and expensive process of partition.

Please note that a partition action is a right and cannot be stopped; therefore, in essence, any one co-owner can force a sale of the property.

sir there is a family which was undivided since three generations and now total family is more than 250 members , I wanted clearly who are the legal heirs male, female ( sons , daughters) and to whom notice tobe sent and hoe to file a suit .

Hi gupta!

Welcome to forums!

As there are a large number of family members and you do not know who the legal heirs are, it would be better to take the help of an estate attorney in this regard.

Feel free to ask if you've further queries.

Sussane

My mother died without a will my sister took over the house and cannot handle the expenses involed. I cannot afford a lawyer however I want
a partitian suit filed to sell the house. I need the right form in the state of Va. so i can file it to sell the house. show me the form I need

Hi Gloria,

A partition lawsuit has to be filed at the court house. In order to do that, you'll have to take the help of an attorney. You can take the help of your friends or relatives in order to hire an attorney.

Thanks

We received notice form the court clerk that a $25 fee was needed for continuances? What is this? Also, on the list is NOA partition and ct corporation systems, we've never heard of them. We are having to go to court to divide my fathers estate. He left equal shares but did not state where each heir's tract should be. One won't agree to assigned tracts by estate executor.

Welcome sue,

I would suggest you to have a word with your real estate attorney and take his opinion in this regard. He will be able to guide you regarding the fees that you need to pay.

My deceased mother left (no will) property/home to her 3 children. I (one of the 3) live in the house. My 2 siblings want to sell the property snd this is my only place of residence for 12 years due to hardships and medical problems. Can they legally force me out