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daltonsjr · Joined: 22 Jul 2008 Posts: 17 9.36 Dollars($)

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

andrewward001 · Joined: 28 Aug 2009 Posts: 51 0.00 Dollars($)

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

Guest

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

Niicss · Posted: Mon Sep 07, 2009 1:10 am Post subject:

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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several sibs on quitclaim and right to partition