partition lawsuit

Guest 0.10 Dollars($)

We own a house with our aunt in which she gifted us 1/2 interest and the other 1/2 interest to go to us at death, or vice versa. It is deeded as joint tenants with right of survivorship, each with 1/2 undivided interest. When she gifted the 1/2 to us we sold our home and moved there and built a 2,000 square foot house (addition) to the property and a 12 x 24 shop, which we used $40,000 of our own money to do and borrowed a mortgage of $84,000 which we solely pay for. My husband built the home himself, there was only a 800 sq. ft. cottage there before. Her niece recently had her sever the deed and give 1/2 interest to her in a life estate deed, meaning 1/2 of everything we did and are paying for too, can she do this, or do we still own the original 1/2 gifted interest and all the improvements, minus any outstanding morgage. Help.

larry · Joined: 27 Jun 2007 Posts: 3328 473.40 Dollars($)

Hi deb,

Welcome to the forum.

Has she severed the deed without taking your permission? I think she should have taken your permission before sever the deed as you are also a joint owner of the property.

Have you made improvements on the whole of the property or just on your half of the property that is gifted to you?

Best of luck,
Larry

0.10 Dollars($)

Hi deb,

What I can understand here is, your aunt has deeded over the part of property that you're supposed to receive after her death. This can be done if she has signed over an enhanced life estate deed wherein the grantor (here it's your aunt) has the right to sell property by revoking the life estate. As for the gifted part, it's owned by you and your husband and none can claim it from you.

Good luck

Caron · Posted: Tue May 06, 2008 5:36 am Post subject:

That was me above. I got logged out somehow.

All times are GMT - 7 Hours

Page 1 of 1