Posted by john on July 28, 2005 at 09:19:25:
If you are tenants in common you can sell you shared to someone else. If you are joint tenents the there is the right of survorship(meaning if someone dies the other gets the whole property). One you do partition action the joint tenancy become tenants in common…
Partition Action - Posted by Darlene
Posted by Darlene on July 19, 2005 at 16:04:04:
I am Executor of my father’s will. His home was left jointly to myself and my brother. My brother is living in the home. I have given him several chances to buy my half out.
So far no action has been taken. The house is located in Colorado Springs.
Can I force a sale by taking it to court and ask for “partition of sale action” as Executor of the Estate.
Thank you for your time
Re: Partition Action - Posted by eric
Posted by eric on July 19, 2005 at 16:37:43:
If the property has already been transfered to you and your brother, you will need to initiate the partition action in your name as a tenant in common (or however you hold title).
Re: Partition Action - Posted by Darlene
Posted by Darlene on July 19, 2005 at 17:24:15:
So I can take it to court and ask for sale of the property as the property is in both our names.
Re: Partition Action - Posted by eric
Posted by eric on July 20, 2005 at 09:07:12:
Yes, so long as there is no documents providing for waiver of partition.
Go consult with a real estate attorney in your area experienced in prosecuting partition actions. He/She can review the deed, and other documentation, and advise you properly.
Re: Partition Action - Posted by john
Posted by john on July 28, 2005 at 09:22:15:
Another point would be if you both own and he lives in it he should be paying rent to you for your share…he is an owner and a renter. If you both had rented it out you would being splitting the rental profits right?