Irwin ........---- So, any T in C person in Fl can initiate a court action to demand that his/her "fair share" be physically defined by court if necessary as "their zone" or indirectly force a property sale regardless of the "emotional pain" and disruption such an action could cause other T in C owners and occupants including financial loss?If a "divisional arrangement" was imposed ...........
1. Is there a way for other T in C people to veto or delay such a notion? If the court got involved, how soon could such "sale, rent or otherwise" be imposed? Could mitigating circumstances like hardship play a role? Would a divorce pending delay such actions?
2. Could a "oral meeting of the minds" or "oral understanding" regarding property sale or use come into play? Could harassment
, intimidation, threats, quid pro quo and even emotional distress or worse become the "fair of the day"? What if a teenager is an occupant?
4. In this T in C situation, could the law be used to allow the "power of dictatorship" of one to rule over majority ownership without recourse, compensation or remedy?
6. How could a restraining order or pending divorce affect a potential desire for property sale, rent or use?
7. How could a teenage occupant (daughter, grand daughter) affect the mix?
8. Could even unsavory characters be allowed visitation or occupancy rights based on the authority of any T in C owner regardless of the views or peril of other T in C owners or occupants? Even with the presence of a child occupant? And could these facts be used to as a veil threat to extort or force other T in C owners or occupants to acquiesce?Proactive options?
A. Offer a sum of money or other means of barter to the dissenter in exchange for a "quick claim" deed of his/her T in C rights of ownership ---- as on me giving him/her $2,000 for his "fair share".
B. Offer to pay or "cover" his share of a mortgage obligation in writing (legal), relieving him/her of any future financial burden regarding the property or, at least, providing a vehicle of reimbursement if he/her was held account by the debt enforcer.
C. Create other, yet to be determined, incentives that would result in transferring the property T in C rights of ownership to say me.
D. If the dissenter had a mind to transfer his/her T in C rights of ownership to one or all of the remaining three owners, how could that legal form or writing take place and what would it look like? ===== "quick claim deed", statement like "I, owner A, give all my rights as a T in C owner regarding the "address" property to owner B." And would such a simple note in writing and signed by the dissenter have legal standing? Or would their have to be witnesses? And if witnesses how many? And if witnesses can any of the remaining three owners be those witnesses? Or can the 13 year old non-owner but daughter-occupant be a witness? Or can simply two neighbors, two bank tellers or two anybodies be the witnesses if required? And if the written note was simply notarized would any witnesses be even required? And if there were say two witnesses, would the notary be necessary to have legal standing?
E. If a conversation was created with the dissenter and he/she made an oral agreement or arrangement regarding the transfer of his/her T in C rights of ownership, could that stand up with two witnesses?It might help to have answers with reference to a letter or number!What are your thoughts?Thanks,