Posted on: 25th Feb, 2008 09:17 pm
My sister wants to quit claim her half ownership in a tenancy in common cottage that she and I inherited. That means I must take over all costs for maintenance, taxes, etc. which we formerly shared. May I refuse to accept the quit claim as I fear I will not be able to afford the upkeep, and be forced to sell the cottage, which I really don't want to do?
Hi jankase,
Welcome to forums.
Whether you refuse or accept a quitclaim deed is totally up to you. None can force you to accept the deed.
Regarding the sale of property, well, your sister can still force you to do so by filing a partition lawsuit. It's best to have a straight talk with her and ask her what exactly she wants - a simple quitclaim to you or if she expects you to sell property and offer her some of the proceeds.
Thanks
Welcome to forums.
Whether you refuse or accept a quitclaim deed is totally up to you. None can force you to accept the deed.
Regarding the sale of property, well, your sister can still force you to do so by filing a partition lawsuit. It's best to have a straight talk with her and ask her what exactly she wants - a simple quitclaim to you or if she expects you to sell property and offer her some of the proceeds.
Thanks
I didn't realize that a tenant in common can force the sale of a property via a partition lawsuit. What grounds would there be?
Tenancy in common is an undivided interest in a property. In other words, if 2 people each own half of a property, which half? The partition lawsuit divides the property (for instance) in half so one person owns this particular half, and the other, the other half.
Usually however, it is easier to sell the property and just divide the proceeds in half.
Usually however, it is easier to sell the property and just divide the proceeds in half.
