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Help! (Real Estate & Property Law)

Mon, 21 Jun 2004 09:48:00 GMT

What is the name of your state? Texas
Here is my question. I understand what tenants in common mean. I am 1/3 heir in an estate with my two brothers. The question is about one property in specific that we want to sell. We had all agreed on selling the property.
Brother #1 Me
Brother #2 Jeff
Brother #3 Jack
Jeff wants to buy Jack's and my interest in the property, and we have been trying to come to a compromise on the sale price.
Jeff had already talked to Jack about moving Jack's daughter in and becoming Jeff's tenant. (without my knowledge) and, it wouldnt really matter to me if Jeff bought the property at fair market value who he had move in -- as long as it was AFTER the sale.
Jack got antsy and didn't want to wait for the sale of the property, and moved his daughter in anyway without my permission. (actually he asked me if it was ok and then went ahead and said she could move in before I gave my answer, which was a NO answer)
Question is: Is it ok under tenant in common laws since we all have the right to possess the property, is it ok that Jack moved his daughter in without all in agreement?
If we can't agree on a price and the property doesn't sell to Jeff immediately, or at all for that matter, how can I get out of being a landlord when I never asked to be one.

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  • Mon, 21 Jun 2004 13:17:00 GMT(1)
  • Do you currently all live at the property, or just own the property?

    Quote:

    Question is: Is it ok under tenant in common laws since we all have the right to possess the property, is it ok that Jack moved his daughter in without all in agreement?

    In general, the answer is yes. Since each owner has an undivided share in the property, each owner can do with "his" share whatever he wants -- including selling it or renting it to someone else. However, each owner is entitled to their share of any rents received, and, if the house is rented out in the entirety so that you no longer have access, you are entitled to 1/3 of the fair rental value of the house, regardless of what the tenant might actually be paying.

    Quote:

    If we can't agree on a price and the property doesn't sell to Jeff immediately, or at all for that matter, how can I get out of being a landlord when I never asked to be one.

    You can't. That's one of the problems with a tenants-in-common tenancy -- each owner can do whatever he wants without getting the other's permission (except destroy the property or otherwise reduce its value, that kind of stuff). Make a deal, sell, and get out.
  • Tue, 22 Jun 2004 11:54:00 GMT(2)
  • Quote:

    Originally Posted by Joe888

    Thanks for the great replies. We are tenants in common due to inheritance, the house has just become available to sell, no one was living in it recently prior to Jack's daughter moving in.
    I agree with the Partition statement. It was actually Jack who threatened to partition it after I told him I didnt want to be a landlord.
    I had decided if we can't sell soon that I would in fact be the first to file the partition suit, so that was a confirmation. ( you would think grown adults could work together though. Sad what money does to people.)
    Thanks again. This is a great site.


    **A: great and can we quote you on that?
  • Mon, 21 Jun 2004 19:40:00 GMT(3)
  • Thanks for the great replies. We are tenants in common due to inheritance, the house has just become available to sell, no one was living in it recently prior to Jack's daughter moving in.
    I agree with the Partition statement. It was actually Jack who threatened to partition it after I told him I didnt want to be a landlord.
    I had decided if we can't sell soon that I would in fact be the first to file the partition suit, so that was a confirmation. ( you would think grown adults could work together though. Sad what money does to people.)
    Thanks again. This is a great site.
  • Mon, 21 Jun 2004 13:35:00 GMT(4)
  • Get an appraisal, tell Jeff that he can buy the place for the appraisal value and if he says no or plays any kind of game Partition his ass. Case Closed
  • Mon, 21 Jun 2004 16:05:00 GMT(5)
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