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 daltonsjr
Joined: 22 Jul 2008
Posts: 13
8.34 Dollars($)
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 Posted: Sat Sep 05, 2009 11:27 pm Post subject: several sibs on quitclaim and right to partition |
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Hello-
Kind of a crazy question.
3 siblings were going to buy out 2 on several quitclaimed properties, but it has not worked out.
Our only option now is a right to partition. We do not want to go this way, but are being ignored by the other siblings.
They don't seem to realize the loss of money that will result in a right to partition as opposed to a buyout.
Anyway, the question is- Is there any way we can file a request for a right to partition or right to kind ourselves to maybe make them see we are serious.
I know that if it comes to it, a Lawyer is essential as a judge will be appointing one, but if we could first file a request for the right to partition perhaps the other siblings will wake up to the reality of the situation.
If we can file a request on our own, where would we get the forms.
Also, one sibling is already beginning to tear down a house on one of the properties to build his own house, but since we are all on the deed is this legal? I t seems it would change the value of the property.
Thanks in advance |
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andrewward001
Joined: 28 Aug 2009
Posts: 51
10.82 Dollars($)
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| Posted: Sun Sep 06, 2009 1:54 am Post subject: |
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you need to sit together & divide property with mutual agreement.
As a last option, you can file a case to partition the property. but you need to understand that significant additional expenses will be incurred |
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sjr
Guest
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| Posted: Sun Sep 06, 2009 11:13 am Post subject: several sibs on quitclaim and right to partition |
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Thank you for your reply.
Yes, I know. That is what I am trying to avoid, but since communication has broken down I was wondering if I could file for a request to partition as a first step myself and if so where to get the forms. Once I do that I will get their attention and we can talk, otherwise we will have to go that way.
Thanks |
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Niicss
Joined: 03 Oct 2005
Posts: 2620
Location: New Jersey
409.63 Dollars($)
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| Posted: Mon Sep 07, 2009 1:10 am Post subject: |
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In my opinion, you would be able to file a partition lawsuit. However, it is always better to use an attorney in this regard. He will file the lawsuit for you and then the court will decide about the case.
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Good is the Enemy of Great. |
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