Posted on: 26th Feb, 2012 06:56 am
Mom deeded the house over to 4 siblings yrs ago. She retained a life estate. Mom passed a couple months ago. 2 of the siblings decided to allow one of their children to move in and rent the house(for half of fair rental value) without consent of the other 2. The rent money has supposedly been going into the account for Mom's estate. I don't even think the house is considered part of the estate since it was deeded to us yrs ago?
How can we make these "renters" get out of the house? The 2 of us want the house sold asap....just as Mom intended. I suppose we need to file a partition order for this to happen? Can we kick the renters out immediately?
btw...this is in NC
How can we make these "renters" get out of the house? The 2 of us want the house sold asap....just as Mom intended. I suppose we need to file a partition order for this to happen? Can we kick the renters out immediately?
btw...this is in NC
When the co-owners cannot agree to a voluntary partition, a lawsuit to compel partition can be filed to sever property interests. Unless there are exceptional circumstances, a tenant in common or a joint tenant has the absolute right to seek a compulsory partition. Partition must be made even if every other owner objects to it. The motives of the party seeking partition are irrelevant, and the court that hears the lawsuit has no discretion to deny partition. Its main function is to determine the method of executing the partition. Commonly the court will order the property sold and the proceeds divided, instead of ordering a physical partition of the property. If the title to the property is put into issue, most states permit the court to resolve this issue as well as the partition.
:idea: GOD BLESS YOU!
:idea: GOD BLESS YOU!
Hi minnie ...
It's me sabrina who answers your question on the top. I hope it can help you.
It's me sabrina who answers your question on the top. I hope it can help you.
Hi minnie,
After your mother's death, the 4 of you to whom the property had been deeded will be considered as the owners of the property. If someone wants to rent the property, then that person should take the permission of all the owners of the property. If you want the renters to get out of your property, then you can send them a legal notice for the same. You can even contact an attorney and he will help you in this matter.
Thanks
After your mother's death, the 4 of you to whom the property had been deeded will be considered as the owners of the property. If someone wants to rent the property, then that person should take the permission of all the owners of the property. If you want the renters to get out of your property, then you can send them a legal notice for the same. You can even contact an attorney and he will help you in this matter.
Thanks