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Category: Real Estate Law
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Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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7554 CAN I MAKE HER MOVE THE TRAILER OFF OF MY HALF OF THE

Resolved Question:

7554 CAN I MAKE HER MOVE THE TRAILER OFF OF MY HALF OF THE PLACE OR BUY MY HALF
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Pro replied 9 months ago.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

I'm not sure I know all the facts. Can you explain who the parties are who own the land?

Thanks!
Customer: replied 9 months ago.

the parties is ronald ervin baker--that is me a--and barbara jean baker --that is her i ronald at the divorce was gave half of the place3 but it was never diveded the deed is still in both of our names can i make her buy my half or move the trailer off of my half i have tried to get her to by my half but got some very bad remarks back like i ronald knew what i could go do to my self she was never going to give me my half at all what can i do here


 

Expert:  Law Pro replied 9 months ago.
So there was never a marriage property agreement during the divorce nor an award by the court of the property to either spouse - correct?
Customer: replied 9 months ago.

correct

Expert:  Law Pro replied 9 months ago.
OK, you have 3 options:

1) sell her your interest in the property

2) buyout her interest in the property

If she is not agreeable to either of those - then you have no alternative but to file what is called a "partition action".

Partition is the procedure for dividing/segregating and terminating common interest in the same parcel of property. The process does not necessarily involve a transfer of title; the parties already have the title, and their common title is being divided among the co-owners.

The partition changes the rights of the co-tenants from common possession of the entire property to individual rights of exclusive possession.

Each cotenant has an "absolute" right to partition the common property, even if the property is leased to another party or a cotenant or is subject to an easement, mortgage, or trust deed.

When a partition action is filed, the court may issue temporary restraining orders and injunctions to prevent waste, protect the property or its title, and restrain unlawful interference with the partition of the property.


The botXXXXX XXXXXne is this - you file a "partition action" - then it's before the judge.

The judge can divide the property in 1/2 to each party - that is usually only availe for vacant land - like farm land.

If the property can't be divided - then the judge orders an appraisal of the property.

Thereafter, the judge offers the property for sale to either party at the appraised value.

If neither party wants to buy the other out - the judge orders the property listed for sale with a real estate agent and the proceeds divided when sold.

If one party wants to buy the property - the judge will usually give them a discount of 6% from the appraised value because the property doesn't have to be listed with a real estate agent and commissions paid.

If both parties want to buy the property - then the highest bidder as between the owners gets it.


So, you can absolutely make her move the trailer off your half IF you have sole ownership - you can file a court action to get a judge to force her to move the trailer and pay your legal costs.

If you want her to buy your half the property or you buy her half - then you have to go through a partition action.


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Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 23637
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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