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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29010
Experience:  30 years of real estate practice experience.
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My elderly parents are disable and own a small farm. They

Customer Question

my elderly parents are disable and own a small farm. They signed the farm over to myself and 3 other siblings to borrow money on it to take care of them as they both desire to stay at home but need 24 hour care. The original promise made by the 4 of us was to borrow the money to take care of them and pay the money back and retain the land. 2 of the siblings has refused to comply with my parents wishes. Because the land was signed over as joint tenancy is there anything that can be done to remove their names from the property even though one has objected and the remaining 2 borrow the money to care for our parents as opposed to signing them in to a nursing home?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Have you talked to a lawyer yet?
Customer: not since the joint tenancy document was done. No one has talked to a lawyer yet to my knowledge about the disagreement.
JA: Anything else you think the lawyer should know?
Customer: I think that is it.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Loren replied 3 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

You can file a petition in the county court for a Partition. If real property is owned concurrently by two or more persons then any of the interested parties may bring an action to "partition" the property which, effectively, requests the court to physically divide or, alternatively, order the sale of the property and division of the proceeds. The action is called a Partition Action and for people with concurrent interests (currently existing) who have not "waived" the right to partition, this remedy is an absolute right. The demand for partition must be granted by the Court to such plaintiffs -- although the details of the order can vary widely. The "order" for the sale is typically an Interlocutory Judgment of Partition by Sale, either issued soon after the lawsuit is filed but sometimes not until all of the financial and legal issues are resolved.

Partition actions must be filed in the county where the property is located. Any person with an existing or future interest in the property may bring the action.

The court has broad equitable powers to protect the interests of all concerned, to prevent waste and to otherwise protect the interests of the owners. In a significant portion of the cases, one of the parties is in possession of the property, whether residing therein in a residential context or operating a business therefrom in a commercial context. There may be issues of fair rental value, payment of the mortgage, insurance, and maintenance expenses, or preservation and distribution of rental receipts. The court may require the parties to contribute funds to the operation of the property, to grant access to the property to various persons including the referee, and to make whatever other arrangements are necessary to preserve the asset and to separate the dispute over the property from the efforts to get it sold.