How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 33098
Experience:  30 years experience representing clients.
17897874
Type Your Legal Question Here...
Loren is online now
A new question is answered every 9 seconds

My sister and I own a condo in Clarksville, TN. We rece'd it

Customer Question

Hi, my name is ***** *****. My sister and I own a condo in Clarksville, TN. We rece'd it from my mother. She was a smoker, so the entire condo carpet, ceiling, walls, everything is tinted yellowish from years of smoking. I want to do a partition sale. My sister want to invest money to 'fix it up', for resale. I have 3 each rental properties and do my own maintenance and a lot of the general contracting work. I frankly don't wish to work with my sister, as I feel she is difficult to work with. I'm sure she would say the same about me. We are both Army brats and both retired military, and so somewhat headstrong. So, I want to get this thing done ASAP, but I don't need or want to pay real estate agents, appraiser(s), workmen, and so on. I'm willing to purchase her half from her, but feel she is demanding to much, in consideration of the condition of the property. Suggestions?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: TN
JA: Has anything been filed or reported?
Customer: Filed? Reported? Exactly what do these questions mean?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well, I don't know, what I don't know. j
Submitted: 8 months ago.
Category: Legal
Expert:  Loren replied 8 months ago.

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

Assuming you cannot reach an agreement with your sister, your remedy is to file a petition seeking a judicial partition. That is really your only remedy if you are at an impasse.

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.