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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7234
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My sister is filing for a partitiion to a piuece of property

Customer Question

My sister is filing for a partitiion to a piuece of property we own jointly. I want to live on the p[roperty, as I have for the last 17 years. I know that she will get her partition. My question is this: How do I show to the COURT, and what can I show to the COurt for consideratioins for monies that I have spent on the property and work that I have done over the course of 17 years? WHat things are allowed to be reimbursed for? ANd whoi will have to pay for legal costs>?
JA: Do you share ownership of the property? If so, is it as tenants in common, or as joint tenants?
Customer: complicated. Started out as joint tenants with right of survivorship whenm my dad was still alive. My dad gace me his 1/4 interest before he died.(there is a brother) I now own 50%. 25% as tenants in common
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: she is very angry and really just wants me to sduffer
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 7 months ago.

Good afternoon and thanks for using JUST ANSWER. I'm sorry that you're having such a problem with a family member. You are correct that the judgment for partition will be almost automatic; however, you are entitled to assert a claim for reimbursement of out-of-pocket expenses. Keep in mind that the other owners are also entitled to an offset for rent that you should have paid for their share over the years. Of course I have no way of knowing how that would work out In dollars and cents.
The attorney fees for the partition suit can be ordered to be paid from the proceeds of the sale of the property. You are in the best position to be the buyer, because you already own 50%. (I'm not sure how you figured that you own 25% as a tenant in common. I presume that your sister owns 25% and a brother owns 25%. I think all of you are tenants-in-common with each other for whatever your percentage interests are.). It would be nice if your brother would deed over his 25% to you now, or at least agree to sell it to you and give you a contract to that affect. That would really put you in the driver seat as far as dealing with your sister goes. If you would like me to offer you a telephone conference to go over this information, I will be happy to do so. Just send me a reply to that effect. If you will be available tonight, I can make the phone call after 9 o'clock Eastern time. There is an additional charge for our Premium Service in the amount of $59. Or we can continue with this thread. It is up to you.

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Customer: replied 7 months ago.
What I asked was HOW MUCH would fees be, not where theyu would be paid out of. I am awasre that theyu would come from proceeds. I also aasked WHAT Specifically could be reimbursable, and you alsoi did nit answer that. And the resason I know that we are NOT tenenats oin common for all of the property is b ecauser I have spoken to seversal lawyers, been on the internet, and more, and you might do your research before you speak, because you are incorrect. We werfe JTWRS(that stands for joint tenants with the right of survivorship ) bewfore I attained the additional 25 froim my father, and as is only right, iot did not affect my siblings ownership interest. we are still JTWRS on 25% each, or 75 totalk of property., The 25% that I attained from my father is then changed from JTWRS to tenants in common. That means that I can leave my 25% interest, no matter who dies when, to my heirs. But I can not leave all of my interest toi my heirs. One half opf my interest, or 25% of the whole, provided nothing had changed from now until such time, would go to the other owners in equal portions. Did you follow that? Maybe you want to call me. I won't charge you anything, and I can explain it
IT WOULD BER NICE IF MY BROTHER WOULD DEED HIS PROPERTY TO ME? DID YOU NOT read my question? The part where I said they both hate me?? ANd if I had that kind of money to pay for it I would hire a real lawyer, not some high school kid on a blog. you guys are a scam. a joke. I b etter NOT be paying for any of this crap. That's your bonus. how much are they paying you?? Love to know
Customer: replied 7 months ago.
Barrister? Irwin Law? That's funny. What are some of the other names you made up?
Expert:  Irwin Law replied 7 months ago.

I beg to differ. You said that only your sister hates you. You mentioned a brother but didn't say anything about his attitude toward you. Whether you own your shares with right of survivorship or as tenants in common makes no difference unless one of them should die before the partition is finalized. Your sister and brother are legally entitled to force a sale of the property so that they can have the value of the property. Your insults are unnecessary. I did not create the situation that you in. Neither is it my fault that you do not have the money to buy out your siblings. In summary, I am a real lawyer with 50+ years in the practice. This has been my specialty area for many, many years, and I can tell you that you have two options. Find a lender or an investor (preferably a lender) who will make you a 50% LTV loan to buy out your siblings, or let the partition sale happen, and hope your 50% of the net will be enough to make a decent down payment on another home. There will be auctioneer fees, legal fees, including a sale Commissioner fee, and appraisal fees. I have no idea how much those fees will run. I estimate at not less than $10-$15,000 total, depending on the market value of the home. I wish you the best of luck in getting things worked out. No one likes to see someone lose their home.