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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33500
Experience:  30 years of real estate practice experience.
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My mom recently passed and my dad passed three years before,

Customer Question

My mom recently passed and my dad passed three years before, their name and my brothers and mine are all on the deed. The house they owned has been rented by him to unsavory persons and I had no knowledge of this until they had moved all mom,s things and started painting walls etc. do I have any rights since only his and my names are ***** ***** deed?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

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

Expert:  Loren replied 1 year ago.

Is title held as joint tenants or tenants in common?

Customer: replied 1 year ago.
The deed is listed as Leon Manes,Gretchen Manes,Ronnie Manes,Brenda Horton. Leon and Gretchen Manes are both deceased.
Customer: replied 1 year ago.
My mom passed on September 4th this year, he Ronnie Manes rented the house to a known felon and they have made changes to the house and I don't know if he gave them permission he isn't talking to me about any of this. I need to know if I own half of this place and half the house. Also if I can have the land surveyed and place a fence on my half if I have a half.
I just need some guidance before I confront him again.
Expert:  Loren replied 1 year ago.

No, you can not fence it off or occupy a half. Toy own an undivided share of the entire home.

You can however force your share to be bought out or force the sale of the other owner's share.

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.

Expert:  Loren replied 1 year ago.

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

Customer: replied 1 year ago.
Thank you so much. I am willing to purchase the said property if he will sell. I guess getting an appraisal is the next step. The house I totally repaired for my mom can I deduct what I spent from the amount on the house? I had a heat pump put in, new well pump, new dishwasher new carpeting and linoleum painted all rooms but one and had the carport converted into a den is this deductible from the value of the house?
Customer: replied 1 year ago.
I have paid all the taxes on the property and the house since 2012 after my dad passed? Is this deductible. Do I have the right to rent the house if it becomes available? this is a 82 by 30 ,3 bedrooms utility room and a back porch I had repaired to the tune of $1500, den 2 baths and a full basement, I also had a new roof put on 2 years ago and a full basement, native sto ne siding, see why I am so upset that he rented it to a known felon with two teen agers. I've been told they painted one of the bathrooms red and drew all over the walls. I spent so much money repairing this house and for someone to destroy it makes me sick. My mom has been gone a little over 2 months it was too soon for this to happen. My nephew lives below this person with a 16 year old daughter. I worry about her and law enforcement is almost non existant here.
Expert:  Loren replied 1 year ago.

Every co-owner is legally presumed to share equally in the required maintenance costs of the property. So, yes, you can demand reimbursement from any co-owner who has not "carried their share", so to speak.

Customer: replied 1 year ago.
My dad had a will that you fill out yourself with 3 witnesses signing and in it he left the house to me and my mom until her death but it was not filed that I am aware of. I didn't know if it was legal. This was why I did so much work on the house I thought it would be mine someday. He did say that he thought that my brother might want to move into it but he never said he could rent it. But it did say that the house went to me. I didn't tell him that dad had this document because I didn't know how legal this document was.
Expert:  Loren replied 1 year ago.

Any interested party may file a petition to commence probate and submit a will for consideration.

Expert:  Loren replied 1 year ago.

You can file the will and commence probate. You do not have to determine its legality. Let the court do that.

Expert:  Loren replied 1 year ago.

If you have no further questions please remember to leave a rating of my service to you so that I am credited by JA for assisting you and so that I may close the question. Thanks.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.