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It's complicated. I live with a man who lied to me. Our

Customer Question
It's complicated. I live...

It's complicated. I live with a man who lied to me. Our property is by right of survivorship from 2003. But he never married and I have no trust of this person. I do all the labor on this place. He has a great salary and pays the bills. Is there anything in the law to help me get out of this? He exploited and lied to me and tied up all that I own. I am trapped. Plus his ex wife and children are the most selfish rude people I have ever met in my life. I'd love to fight but I'm not going to throw away all these years of hard work to my home nest.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Has anything been filed or reported?

No. I would be cautioned as this family can be very mean. He has already threatened to kill my horses and then told n

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Me he didn't mean it.

Submitted: 11 months ago.Category: Family Law
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Answered in 1 minute by:
9/15/2017
Family Lawyer: Loren, Lawyer replied 11 months ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,244
Experience: 30 plus years of experience.
Verified

Thank you for using JA. I am Loren, an Illinois licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Customer reply replied 11 months ago
Ok continue
Family Lawyer: Loren, Lawyer replied 11 months ago

I am sorry to hear of the trouble, but I have information you will be able to use.

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.

This is an equitable remedy, which means the litigation is somewhat complex. While not proceeding pro se is not legally required, it is strongly recommended you retain an attorney to move forward.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

MARTINDALE HUBBLE

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Family Lawyer: Loren, Lawyer replied 11 months ago

Did you have further questions? Have I answered your question?

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Family Lawyer: Loren, Lawyer replied 11 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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