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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42235
Experience:  Texas Attorney for 30 years dealing in real estate
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I purchase some property with my son 12 years ago and (both

Customer Question

I purchase some property with my son 12 years ago and (both our names on the title) for the last 5 years he has not been able or willing to pay on the property. I now want to refinance and take his name off of the title. I have offered him a buy out but since the property will be paid off in 2 years his is unwilling to take a pay out on his investment based on what he has paid in. How can I force him into the sale and take the buyout. What are his rights legally since he hasn't paid on the investment
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

You can file a suit for court ordered partition.In that case, the court pays you back for what you have spent including the legal fees and court costs out of the gross sales price before diving the net proceeds here.This is the way to get all you have put into this property.

If you cannot resolve this a forced sale if the way to proceed here to divide it.Since he is not agreeable to allowing you to buy him out this is your last resort.

RCW 7.52.010

Persons entitled to bring action.

When several persons hold and are in possession of real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, an action may be maintained by one or more of such persons, for a partition thereof, according to the respective rights of the persons interested therein, and for sale of such property, or a part of it, if it appear that a partition cannot be made without great prejudice to the owners.

Reference

http://app.leg.wa.gov/rcw/default.aspx?cite=7.52

Expert:  Ray replied 1 year ago.

Clark County Bar Association Lawyer Referral Service http://www.ccbawashington.org/find_help.php
Phone:(###) ###-####br />
Martindale.com is also a good source for information on attorneys at http://www.martindale.com/

This is another attorney directory http://www.statelawyers.com/Lawyer/Search_Results.cfm

How many hours on average will the filing of the partition take up to my X getting served the papers? If the attorney has experience in these types of matters it should not take too long to draft the paper work to file the action. When you contact the attorney they would be able to give you an estimate on the time frames.

I hope that the information I provided has been helpful. If you have any additional questions for me please do not hesitate to let me know. If you would be so kind as to rate my service I would be most appreciative.

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