Force Sell of Tenants in Common - Posted by Chick Malone

Posted by Jim on February 16, 2002 at 19:08:55:

We need more attorneys, welcome aboard!

Force Sell of Tenants in Common - Posted by Chick Malone

Posted by Chick Malone on February 15, 2002 at 20:22:58:

My estranged wife is attempting to force sell our NYC home and investment properties acquired as tenants in common, 50-50 ownership. I don’t want to sell because the rentals provide good income and the values are rising. I cannot buy her out as everything is tied up in the properties. Unfortunatly, she is diagnosed and medicated as mentally ill and all legal, accounting, and real estate advisors consider selling as inadvisable. Her desire to sell is completely irrational. Is there any way to prevent a sell or is that the ultimate outcome if she is determined? Please help!

Re: Force Sell of Tenants in Common - Posted by Joe (NoVA)

Posted by Joe (NoVA) on February 15, 2002 at 21:43:03:

This is really hairy.

As tenants in common she can force what’s called “partition”–an application to the court to sever her interest from that of other tenants in common. If it were a large property a court might separate land into smaller parcels to accommodate the partition–but where the subject matter is a house (making parceling impossible) a partition will involve the sale of the property.

But note: at common law she can’t just up and sell the property with the local realtor if you are also a tenant in common! She MUST obtain her judgment of partition in order to force the sale.

Another consideration: Are you SURE that you possess as tenants in common instead of tenants by the entirety? Tenants by the entirety is a tenancy reserved for married couples. In some states, a conveyance to a husband and wife is automatically considered a tenancy by the entirety. The advantage of this tenancy is that there cannot be involuntary partition.

If she does pursue the partition lawsuit, her mental condition will doubtless be something that can be brought to the court’s attention as it decides the suit.

YOU MUST CONSULT AN ATTORNEY IN YOUR STATE AND DETERMINE THE EXACT NATURE OF YOUR RIGHTS. It sounds like you MAY have enforceable rights, and only an attorney can protect you!

Are You an Attorney? - Posted by J.P. Vaughan

Posted by J.P. Vaughan on February 16, 2002 at 07:28:51:

If you are not an attorney, why are you answering legal questions?

Re: Are You an Attorney? - Posted by Joe (NoVA)

Posted by Joe (NoVA) on February 16, 2002 at 16:13:58:

Because I am an attorney, licensed in Maryland and Alabama. Martindale Hubbell listing: Joseph Barrios, Alexandria, VA.

J.

Thanks all! :slight_smile: - Posted by Joe (NoVA)

Posted by Joe (NoVA) on February 17, 2002 at 21:44:40:

J.P., John, Bill, Jim…thanks all for the warm welcome.

This is such a fantastic site, and I have learned so much about creative real estate investing from it. I’ve been lurking quietly for the last few months just soaking up everything as I prepare for my own investments in real estate. I’m glad I can contribute in a small way on some of the legal questions posted here.

J.P. I fully understand your concerns about non-attorneys answering legal questions here, and took no offense when you asked why I was posting. On the contrary I respect and appreciate your desire to make sure that the information posted in this forum is legally accurate.

Please keep up the great work…the knowledge on this site is invaluable.

J.

Re: Are You an Attorney? - Posted by J.P. Vaughan

Posted by J.P. Vaughan on February 17, 2002 at 13:21:12:

Thanks, Joe, and welcome. We’ve had some problems here with non-lawyers answering legal questions.

JP

Re: Are You an Attorney? - Posted by JHyre in Ohio

Posted by JHyre in Ohio on February 17, 2002 at 12:22:57:

Ditto Bill’s comments, welcome onboard.

John Hyre

Re: Are You an Attorney? - Posted by William Bronchick

Posted by William Bronchick on February 17, 2002 at 11:23:36:

Thanks, Joe, makes my job easier!