Hi everyone,
I’m in a difficult situation regarding a family property and would appreciate some advice on whether filing a suit for partition is best for me. Here’s the background:
Background:
- Property Ownership: In October 2021, my grandmother purchased a property in cash for both my aunt and me, and she also paid for all the repairs and renovations, which were completed in the summer of 2022. However, there was no formal agreement or contract between us regarding the ownership or any financial details related to the property. The purpose was for us to fix up the property and to flip it.
- Ownership Structure: My aunt and I are joint tenants, each holding a 50/50 ownership stake in the property. However, I am the primary owner.
- Current Situation: My aunt’s daughter (my cousin) lives in the house rent-free. Before that, a friend of my cousin lived there rent-free as well.
- Attempts to Resolve the Issue: I’ve made three attempts to resolve the situation by speaking with my aunt about either selling the property or negotiating a buyout of my share. Unfortunately, these conversations ended poorly, and we are no longer in contact. The situation escalated to the point of receiving death threats, so I no longer feel comfortable communicating with her.
My Goal: I want to determine if filing a partition action is the right path forward to either sell the property or have my share bought out. I want to resolve this situation as efficiently and fairly as possible.
Questions:
- Partition Action: Given that my aunt and I are joint tenants with a 50/50 split and there’s no formal contract, is filing a partition suit the best next step? What should I be aware of before proceeding with a partition action? The only paperwork I have with this is the paperwork from our closing showing this.
- Renovation Costs: Since my grandmother paid for both the purchase and the renovations, how would this factor into a partition action or any buyout? Without a written record of this arrangement, is there a way to claim any compensation for those renovation costs, or would that be difficult to prove in court? *My Grandma also pays the property taxes; I really have no knowledge of what's going on here with this property outside of people living there rent-free.
- Next Steps: What are the typical steps involved in initiating a partition action? Should I first consult with an attorney to discuss my options, or can I move forward directly with legal action?
While I’ve gained more experience in real estate over the past couple of years, I still want to ensure I’m handling this situation correctly. Any advice, insights, or suggestions would be greatly appreciated. Thanks in advance for your help!
