Posted on: 16th Jan, 2008 04:28 pm
if my dads house is own (after Death) by his 3 children 1/2
And the other half is owned by his girlfriend
Who has control over the house? Are we all the same.
And the other half is owned by his girlfriend
Who has control over the house? Are we all the same.
Hi Bug,
Welcome to the forum.
If three children are of half of the property and your dad's girl friend is the owner of other half of the property, then I think his girlfriend should be in charge of the property, although if the children want, they can file a partition lawsuit and claim their portion.
By the way, is it a mortgaged property? If so who is on the mortgage?
Best of luck,
Larry
Welcome to the forum.
If three children are of half of the property and your dad's girl friend is the owner of other half of the property, then I think his girlfriend should be in charge of the property, although if the children want, they can file a partition lawsuit and claim their portion.
By the way, is it a mortgaged property? If so who is on the mortgage?
Best of luck,
Larry
Hello Bug,
The three children individually has less share of the property than their father's girlfriend but the three of them together is equal to what she has. But the ownership rights are equal for all, as all of you are on the title.
Is the title to the property held as tenants in common?
The three children individually has less share of the property than their father's girlfriend but the three of them together is equal to what she has. But the ownership rights are equal for all, as all of you are on the title.
Is the title to the property held as tenants in common?
It depends on how title is held. Typically, title is held in Tenants in Common. This means that each TIC has an undivided interest in the property according to the TIC's share.
Possession and maintenance are separate issues that are rather complicated. Generally, each TIC has a right to possess, but also the duty to pay rent to the other TICs. In addition, each TIC is responsible for a corresponding share of the maintenance expenses.
If the TICs cannot agree on who gets possession, you must go to court and "partition" the property, which usually means selling the property and dividing the proceeds according to each TIC's share.
Possession and maintenance are separate issues that are rather complicated. Generally, each TIC has a right to possess, but also the duty to pay rent to the other TICs. In addition, each TIC is responsible for a corresponding share of the maintenance expenses.
If the TICs cannot agree on who gets possession, you must go to court and "partition" the property, which usually means selling the property and dividing the proceeds according to each TIC's share.
Is there a dispute with the parties on title?