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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53961
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My great aunt bought a home this april with me and she paid

Customer Question

my great aunt bought a home this april with me and she paid cash for it with the idea that I would pay all of the bills of the home including taxes and home owners. the deed states join ownership with right to survivorship with my name and hers. we are not longer getting along and she had an attorney send me a letter offering me 10k to sign over the home. what are my rights to the home ?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Richard replied 4 months ago.

Good morning Brianna. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 4 months ago.

You have no legal obligation to sell your interest in the home unless you elect to do so. You own half of the house. You can certainly elect to sell your interest for $10,000, but they cannot force you to do so. You own 1/2 of it. If you aren't getting along and she won't offer you what your 1/2 is worth, you are not forced to continue this joint ownership. Rather, you can force the sale of the house by filing a suit for partition. The result of such a suit will be that the court will order the sale of the house for its fair market value and you will be entitled to 1/2 of the proceeds from sale. Or, you can simply continue your 1/2 ownership.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 4 months ago.
hello
Expert:  Richard replied 4 months ago.

Hi there. Did you see me response? Just in case you did not...I will re-post it for you.

You have no legal obligation to sell your interest in the home unless you elect to do so. You own half of the house. You can certainly elect to sell your interest for $10,000, but they cannot force you to do so. You own 1/2 of it. If you aren't getting along and she won't offer you what your 1/2 is worth, you are not forced to continue this joint ownership. Rather, you can force the sale of the house by filing a suit for partition. The result of such a suit will be that the court will order the sale of the house for its fair market value and you will be entitled to 1/2 of the proceeds from sale. Or, you can simply continue your 1/2 ownership.

Customer: replied 4 months ago.
due to her being an elder can she file an injunction or restraining order to get me out of the home? how do I file a partition ? do I need a lawyer to do this or can I go down to the court house with my deed and title?
Expert:  Richard replied 4 months ago.

Thanks for following up. She can not. You are 1/2 owner and you have every right to occupancy. A suit for partition is a legal lawsuit and if you aren't used to filing such a lawsuit, it's really best to leave this to a lawyer. Or, you can do nothing and force her to file the suit. :)

Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school. But, this is not a complicated case so you would only need a 1-2 year lawyer rather than a more experienced lawyer with the higher billing rate that comes with that experience.

Customer: replied 4 months ago.
she's threatening to get an injunction today on me what shall I do? can that force me to leave the home ?
Expert:  Richard replied 4 months ago.

She can threaten all she wants; with you on the title, the court will not issue any injunction. You have every right to remain in the home as an owner.