Joint Tenancy - Posted by Walt

Posted by Jimmy on April 16, 2006 at 08:34:38:

First, Frisco is right about never ignoring lawsuit papers. You can ignore phone calls, emails and leters all day long. But when a complaint is served upon you, you MUST answer it (or decline to answer it on advise of counsel. there are certain situations where a no answer is a good idea–but pretty rare).

How can they take your property? EASY. If I thought a defendant would not answer, I would allege all kinds of things, and ask for a number of remedies, including (a) money, (b) removal of defendant from title. The court order can be recorded in the county records, and your interest is GONE.

Here’s a temporary improvement, which does not require any help from other joint tenant. A joint tenant in almost every state (you need to check AZ), can UNILATERALLY SEVER a JTWROS and create a TIC arrangement. Doing this will at least remove the possibility of a windfall to the other side if you “wake up one morning and find yourself dead” (paraphrazing Jimi Hendrix). Of course, it also removes the reverse situation where you are the survivor.

Joint Tenancy - Posted by Walt

Posted by Walt on April 15, 2006 at 15:38:22:

Hello all. I have been a recorded owner of AZ vacant parcels, in joint tenancy (“and”) for over 10 years with a relative that I have fallen out of relationship with. This person is threatening to sue me to quiet title (have my name removed) if I do not quit claim to the property. Whats the scoop? I don’t even have to respond to anything filed in a court on this, do I? This brother and I both signed notorized papers on teh joint tennacy in 1996.

Partition actions - Posted by John Merchant

Posted by John Merchant on April 16, 2006 at 14:17:48:

FYI, over the years and seeing lots of RE situations like this one between sparring/warring partners, I can tell you that 99% of all partition actions are never filed.

They are used frequently as a threat to force the other owner into some kind of cooperation, as when he/she talks to his/her lawyer, that lawyer will tell them the court costs and fees necessary and that’s usually the end of that courthouse talk.

Re: Joint Tenancy - Posted by John

Posted by John on April 16, 2006 at 08:31:48:

I believe that he is bluffing. Quite title won’t do it however he could file for a partition suite. This way the judge would divide the property of order it sold and split the proceds. It is an expensive and time consuming suite.

Re: Joint Tenancy - Posted by The Frisco Kid

Posted by The Frisco Kid on April 15, 2006 at 20:47:00:


Never ignore any legal proceeding, ever! Send this relative a letter stating if he wants to buy your half your willing to consider a reasonable offer, but if the two of you can’t come to terms then maybe you will force a sale with a partition suit, split the proceeds per the courts ruling and end the problem that way. Best to end your relationship completely if thats what you want then to continue sleeping together in some business deal.

I don’t know the value of the properties involved and you didn’t give any clues but if it is enough money I would have a Arizona lawyer send him a letter. Plus how does this person think he can acquire your share just by wasting money on a lawsuit when your on title?

Answer to Quiet Title Complaint - Posted by Walt Puciata

Posted by Walt Puciata on April 24, 2006 at 20:27:57:

I have been a listed as a joint tennacy owner on a recorded deed for over ten years and am writing an Answer to a Complaint to Quiet Title. I am wondering if anyone would care to take a look the Summary Brief I propose to submit to the Court. I wish I could afford funds to hire an attorney, but I can not.

To Frisco Kid - Posted by Walt

Posted by Walt on April 15, 2006 at 21:33:28:

Thanks, Frisco.

Frisco said: How does this person think he can acquire your share just by wasting money on a lawsuit when your on title?

Thats why I think it is a blowhard effort to scare me and why I wondered if might not just ignore it. How can a judge remove a persons name from a title if they don’t show up to court? Can’t I just simply send an answer. I dont want to travel 900 miles to this court. It would take a jury of 12 to take property from someone.

Later, when I have the funds to have the lots appraised, I am going to file a motion to petition the 6 lots (all equal value. the 6 are worth maybe $150K)

Re: Answer to Quiet Title Complaint - Posted by kelly becky wann

Posted by kelly becky wann on June 26, 2006 at 24:07:19:

hey walt we miss u very much & u come up in conversation all the time drop us a e-mail an well tell u about our trials and tribulations of the last 6 years Kelly