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FloridaLawyer, Attorney
Category: Legal
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Experience:  Former State Prosecutor, criminal defense, family law, real estate, & civil litigation
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I live in KS. In Oct. 2005, I agreed to sell my home to a friend

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I live in KS. In Oct. 2005, I agreed to sell my home to a friend who wanted to buy it for investment& interest credit for income tax. It is joint ownership, not joint tenancy, with servivor rights. She currently lives in Honolulu, HI and has since 1980 and owned her own business until May,2008. She requested we refinace in Dec. 07 and ask me to do it in KS. as she did not have the time to do it there. The refinance was done with no problems and continues as joint property, my name first on the mortgage. She continues to make the mortgage payment and I continue to live here as per agreement and maintain the property.
Submitted: 8 years ago.
Category: Legal
Expert:  FloridaLawyer replied 8 years ago.



I'm not sure what your question is.





Customer: replied 8 years ago.
Do I need to worry about being forced to sell the property under her petition filed in Sedgwick Co. , KS district court? What are my rights?
We are joint owners with servivors rights but not joint tenants. Both are legally responsible for the mortgage. She wants to force me to sell and I am waiting on Section 8 to have a place to move to.
Expert:  FloridaLawyer replied 8 years ago.


You and the woman are in fact joint tenants with rights of survivorship (JTROS) even though she does not live there. A concurrent estate or co-tenancy is a concept in property law, which describes the various ways in which property can be owned by more than one person at a given time. If more than one person own the same property, they are referred to as co-owners, co-tenants or joint tenants.


In this situation, the woman file a Petition sometimes referred to as an action for "Partition" and ask the court to order the property be sold so that she can receive her one-half interest. It sounds like you would have a good counter claim for the funds she took from the refinance.


I would definitely suggest retaining a property law attorney licensed to practice in your state who can defend you against the lawsuit.


Best of luck!




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