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dual ownership buyout

Posted on: 02nd Dec, 2008 11:37 am
My sister and I were left with a house at my mothers death, with a deed in both our names, without mortage, is it true that the person paying most of or all the bills assumes full ownership of said home? Also if one or the other wished to sell their half of the house to the other what are the possibilities and procedures for this to take place.
Hi owls_dragon,

As far as I know, if the property deed is in both the names, then both of you will have similar rights to the property. I don't think paying bills will lead to full ownership of the property.

As far as selling the property is concerned, yes, you can definitely do it. You can use a warranty deed to sell off the property. Once you sell of the property, the deed should be notarized and recorded at the county recorder's office.

Thanks
Posted on: 02nd Dec, 2008 08:20 pm
We have dual ownership of my mother's home. Both names are on the deed. My other sibling wants to allow a tenant to live there whereas I do not. What are my rights to keep this from happening? Do I need to get a lawyer to write something to stop them from moving in?
Posted on: 18th Apr, 2010 07:12 pm
Hi Jkb,

You have as much rights to the property as your other sibling has. Since both of you have equal rights to the property, your consent is required if your other sibling wants to allow a tenant to live there. A consultation with an attorney is advisable if you want to stop your other sibling from allowing the tenant to live in the property.
Posted on: 20th Apr, 2010 03:20 am
I'm in an investment property with someone,the home was being used as a rental,for extra income till it sold.It hasn't sold and my partner has moved in. Do I have the right to charge him rent,until it sells
Posted on: 22nd Apr, 2012 07:35 am
Hi Sherrie,

If your partner is one of the owners of the property, i.e. if his name is mentioned on the property deed, then you won't be able to charge him any rent.

Thanks,

Jerry
Posted on: 26th Apr, 2012 02:50 am
my fiance and her sister have a dual deed to their late fathers home. there is still a mortgage on it. The mortgage is in his name.
1) can one sister sell the house without the others permission?
2) if one wants to sell, and the other does not - what are the options?
3)if one sister wants to do nothing with the house and live there, pay the mortgage, and bills - and the other does not - what options there?
Posted on: 02nd May, 2013 10:40 pm
Hi Artie,

As both the sisters are on the property deed, then both need to agree to the sale of the property. One sister cannot arbitrarily sell off the property.

The person who does want to sell off the property can buy out the one who wants to sell off. Thus, one person will be able to retain the property and the other will get the required money.
Posted on: 06th May, 2013 12:15 am
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