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 tagaz61
Joined: 23 Sep 2009
Posts: 1
1.41 Dollars($)
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 Posted: Wed Sep 23, 2009 6:30 pm Post subject: Selling proptery |
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My Mother in laws house was quit claimed to 3 of her Adult Children. 2 want to sell it by the third doesnt want to. Can the other 2 sell it with the 3rd signing?
One of the Adult Children Husband is getting involved and wants what he Says is his montary portion of the property. The live in CA, the property is he AZ. Does he have any right to the propery? |
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smithsussane
Joined: 18 Sep 2008
Posts: 3738
Location: Alaska
561.45 Dollars($)
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| Posted: Wed Sep 23, 2009 8:39 pm Post subject: |
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Hi tagaz!
Welcome to forums!
As the property was quitclaimed to the 3 adult children, they are the owners of the property. If the property is to be sold, permission of the 3 adult children is required. If one of the co-owners is not ready to sell the property, the other two won't be able to sell it off. They will have to first buyout the third (3rd) co-owner of the property and then sell off the property. I don't think the husband of one of the adult child has any right to the property. However, if anything as such is mentioned in the property deed, then he can claim his rights.
Feel free to ask if you've further queries.
Sussane |
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sunnyca2009
Joined: 04 Aug 2009
Posts: 1737
36.13 Dollars($)
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| Posted: Sat Sep 26, 2009 6:45 pm Post subject: |
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The adult children's husband has not direct right in the property, but he has a say indirectly thorugh his wife
But rememebr they cannot sell the property with the consent of the third woner in the property
They can alsyws look at option of selling the property to the third owner who is not willing to sell. probably they can buy from the two |
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suyog
Joined: 23 Sep 2009
Posts: 44
7.86 Dollars($)
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| Posted: Sun Sep 27, 2009 10:54 pm Post subject: |
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Hi
If the property is on the name of 3child,there is same right to three. If any two have to sell the property and third one is not. Than other two can not be sell the property. For that they three hav |
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suyog
Joined: 23 Sep 2009
Posts: 44
7.86 Dollars($)
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| Posted: Sun Sep 27, 2009 10:58 pm Post subject: |
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| Oh sorry it is my mistake, The answer send without complit. If they want to sell the property. For that three of owener have to shar the property than it can be sell |
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gmakerley
Community Mentor
Joined: 09 Nov 2007
Posts: 7405
Location: bloomfield, ct
62.63 Dollars($)
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| Posted: Mon Sep 28, 2009 9:00 am Post subject: |
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suyoq nothing of what you wanted to say made sense because something is missing. i believe you're trying to say that 2 of the 3 cannot do the sale without the consent and involvement of the third party. i agree with that. also, the husband of the third person has no specific rights, as noted above, but can wield whatever influence he has on his wife to try to convince the other two heirs that what he wants is reasonable.
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George M. Akerley
Loan Consultant
860-221-5044 |
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sunnyca2009
Joined: 04 Aug 2009
Posts: 1737
36.13 Dollars($)
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| Posted: Thu Oct 01, 2009 6:16 pm Post subject: |
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| Bottom line all the three need to agree any sign the papers for any change |
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jheard
Moderator
Joined: 12 Dec 2007
Posts: 599
Location: Houston, TX
98.69 Dollars($)
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| Posted: Fri Oct 02, 2009 11:50 am Post subject: |
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You can file a "partition" lawsuit to have the court order the sale of the property and divide the proceeds according to ownership.
Check with a local real estate attorney.
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Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation. |
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