tenents in common rights

[mb45]

The deed to the house is worded as such. Me, S1, S2 are tenents in common and Dad and Mom and their heirs ( Me, S1, S2) have the right to live in the home for paying taxes, utility bills and maintenance. Mom has passed on to a better place. Dad is 85 with a cardiac condition. S1 is 53, single, and recovering from her second cancer occurance (first ovarian 1999, colon 2009) with medical bills. S2 is 49, married with 3 girls and has had little to do with her family since dating her husband.

What rights do we have? Can one force the house to be sold after Dad's death? S1, S2 are vindictive bitches.

 

[fredrikklaw]

Partition it is!

You don't have to wait for your father to pass away to sell the house, which is referred to somewhat ominously as "Destroying the Tenancy in Common" and you can approach this in one of two ways.

You may obtain a Partition of the Property which will divide the land into 3 distinctly owned lots, the sizes of which will be determined by percentage of ownership. You can then do what you please with your lot. (NOTE: This is only possible if your local zoning regulations permit partitioning of land. If not, then a forced sale of the property will be the order of the day.)

If however, you and your sisters are unable to come to an agreement on the apportioning of the land, then you will have to go to court and get a ruling on how the land should be physically divided between you three (called Partition in Kind). The court may also order a public sale of the property and allocate the proceeds to you according to your percentage share and ownership of the property (called Partition by Sale).

The good news here considering the apparent irreconcilable differences between you and your sisters is that you have the right as a matter of law to seek the partitioning of the land and to destroy the tenancy in common. In other words, there will be no sibling filibustering.

fredrikklaw.

 

[army judge]

Or you can offer to relinquish (sell) your interest in the property to one or both of your sisters.

Of course dad is still alive, so none of this matters and is highly speculative until he passes.

He could outlive all of you.

If that transpires, this discussion is irrelevant.