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Undivided Interest

Posted on: 08th Apr, 2004 03:23 am
Undivided interest in the property includes the title to the real property held by two or more individuals. But the interest of each party in the property is not specified either in percentage or in description of a part of the property. Undivided interest is common among joint tenants, tenants in common and tenants by the entirety.

Example: Samuel, George and Rodger jointly own and use a property in New Jersey. The proportion of their shares in the property is thus known as Undivided interest.

You can request for separate taxation of undivided interest in property, by using the Form given here.
I own a house with my ex-girlfriend and have moved out.We are trying to sell the house.S he is refusing resonable offers, can I force the sale of the house it's a financial hardship.
Posted on: 06th Feb, 2006 06:53 pm
I dont think that you can sell the house without the consent of your ex-girlfriend because both of you jointly own the property. I will advice you to consult an attorney for further clarification.

Zeal_Deal
Posted on: 06th Feb, 2006 07:00 pm
say u got 60 heirs to a undivided estate and and only 50 acres to divide what happens
Posted on: 02nd Mar, 2010 05:20 am
Hi Guest,

If there is a will to that property, then the property would be divided amongst the heirs as per that will. You may speak to a real estate attorney and he would help you in getting further advice is this regard.

Thanks
Posted on: 02nd Mar, 2010 09:30 pm
Property titled as 1/2 undivided interest. Myself and the estate now share the property. Who is responsible for a loan against the property?
The property is being particianed for sale. Will the amount of the loan be deducted from both parties?
Posted on: 10th Sep, 2010 02:20 pm
Hi Kennedy,

In my opinion, both you and the estate will be liable for paying the mortgage balance.

Thanks
Posted on: 11th Sep, 2010 12:30 am
my mother and brother owned a farm w/both having 1/2 undivded interest. They both lived in the farm house together and shared utilities My mother passed away without her will being signed so her will is no good. My mother had a small outstanding loan on her half of the farm. Can my bother assume my mother's laon and own the farm solely since they owned the farm together with each owning half undivided interest?
Posted on: 08th Feb, 2011 08:21 am
Hi Regina,

It will be the lender's discretion as to whether or not he will let your brother assume the loan. However, in order to assume the loan, your brother should meet all the required criteria of the lender.

Thanks,

Jerry
Posted on: 09th Feb, 2011 12:56 am
our family has land that had not been divided by sibling. the property belonged to the siblings mother who left no will. we need to do some kind of form showing undivided interest in the property for the siblings.
how do we format a form for all to sign
Posted on: 15th Mar, 2012 09:49 am
Hi lu,

You can contact your real estate attorney and take his opinion in this matter. He will help you in drafting the deed which all of you will have to sign.

Thanks
Posted on: 16th Mar, 2012 12:57 am
I am trying to buy my Aunt out of 16 acres that she overseas for my cousins untill her passing, the purpose is to build on it. My father is overseaing the other 16 acres that will fall to myself and 2 siblings, is there a way to build a house on that part I want to buy since my Aunt doesnt want to use a bank, and pay her straight out for property?
Posted on: 24th May, 2012 04:44 pm
Hi Guest,

I don't think there will any issues if you want to build a house on the 16 acres that you will be buying from your aunt.

Thanks
Posted on: 24th May, 2012 10:52 pm
My father quit claim deeded his property in Idahobto my brother and I as the deed names us both as undivided interest. My brother has now passed away and had no will. He was married with a family. What happens with the property now?
Posted on: 05th Jun, 2012 08:38 pm
Hi Dorinda,

The deceased brother's share of the property will be inherited by his wife and children, if any.

Thanks
Posted on: 05th Jun, 2012 11:39 pm
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