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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6323
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I am currently having a problem with daughter that I put on

Customer Question

I am currently having a problem with daughter that I put on tile. She as filed a Partition Petition Suit to me to sell house. I used my funds to purchase property and put her on title. I do no want to sell house as this is where I live. I am 78.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I am in Gosper County, Nebraska
JA: Has any paperwork been filed?
Customer: Daughter filed suit
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is this going to cost me?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 5 months ago.
Welcome to JA and husk you for your question. The Attorneys cannot see your account information. Did you agree to any charges?
Customer: replied 5 months ago.
I paid $5.00
Customer: replied 5 months ago.
No I ask the question and do not want to pay more. Stated $5.00 that I paid.
Expert:  Attyadvisor replied 5 months ago.
If you agreed up $5.00 you should have no additional charges. Since you were the one that paid for the house the court would take that into consideration when apportioning the ownership shares. Based on what you are telling me she has little to know financial interest in the propety. When did she file the action?
Customer: replied 5 months ago.
I am off to Mass. Will give you answer when I return. Please note that I retired from the mortgage industry after 30+ years.
Expert:  Attyadvisor replied 5 months ago.
I completely understand you should only be charged what you agreed to pay. It is the site that handles billing the attorneys answer the legal questions only. If you have any concerns on the charge please feel free to contact customer service. The goal of the site is to make the customer happy with their experience.
Expert:  Attyadvisor replied 5 months ago.
I have been practicing law in multiple jurisdictions for 28 years with an emphasis on real estate law, title insurance and financing.
Expert:  Attyadvisor replied 5 months ago.
Nebraska looks at partition based on how you hold title, if there is a mortgage on the property and the financial contributions. Are you joint tenants or tenants on common with your daughter? Are there any liens such as a mortgage or deed of trust? http://www.partitionaction.com/states/nebraska/
Customer: replied 5 months ago.
It is Joint tenants and the property is free and clear. I paid cash from my own funds and can support source of funds.I am off to Church and will answer for fully when I return.
Expert:  Attyadvisor replied 5 months ago.
Generally joint tenants have an equal interest in the real property. Based on the particulars of your situation and that your daughter was added to title after the fact and you can show the different financial contributions made by each party, the court would look at this as a forfeiture on your side yo divide the home or force the sale where no real contribution has been made by your daughter.
Expert:  Attyadvisor replied 5 months ago.
My apologies I am on my iPhone and my response posted with a typo. "The court would look at this as a forfeiture on your side to divide the home or force the sale when no real contribution has been made by your daughter." She is an owner in name only. The courts try to come up with the most equitable outcome. Forcing a sale would not be equitable.
Expert:  Attyadvisor replied 5 months ago.
You will need to sever the joint tenancy so that you and your daughter are tenants in common that way you will be entitled to an equitable distribution

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