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  1. #1
    Join Date
    Jan 2017
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    3

    Default What Are a Real Estate Co-Owner's Rights When the Other Owner Has Leased the Premises

    My question involves real estate located in the State of: FLORIDA

    When my mother passed away several years ago, the executor of the estate (MY BROTHER) said the house belonged to him. It was given to him in a quitclaim deed 3 months before her death. No probate as all her money, cars, property had supposedly been given to him several months before her death. That deed was drawn up by a lawyer who has since been disbarred and charged with felony theft of client's property.

    Two 1/2 years later, I discover that an earlier deed was valid, and that I co-owned the property with him, as tenants in common, ever since mom died.

    He has leased the property to a non-profit for $1 per year, with an option to buy in 10 years. The land has never been leased or rented out for money since 2014. He wants very much for me to sell my 1/2 interest to him, has made threats about lawyer fees and court costs and how I would owe past taxes, insurance, improvements, repairs, I don't know if he will go the court ordered partition route, since seems like that action would wind up with a public auction of the land, where he may loose it.

    ... no $$$ offer yet, his lawyer hasn't got back with me...

    If it goes to court, I could certainly make an argument that I would have sold the place immediately if he had been truthful, and would not have had taxes, insurance, etc to repay.

    If he doesn't offer enough money and we go to court, can I occupy the land, kick the non-profit out, during the legal process? Seems like good leverage here to make sure his offer to buy is not a low-ball.

    I don't want to sell my 1/2 interest independently, as I do not think I would get much for it from an investor, with a co-owner set on owning it all immediately.

    Jeez, this is messy, how much he offers for my share will depend on me going to a lawyer or not.

  2. #2
    Join Date
    Sep 2005
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    Default Re: What Are a Real Estate Co-Owner's Rights

    Quote Quoting blueamber
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    Two 1/2 years later, I discover that an earlier deed was valid, and that I co-owned the property with him, as tenants in common, ever since mom died.
    As you have shared no information about this deed, how it came to be executed, delivered and recorded without your knowledge, or how it overrides the quitclaim deed you believed to be valid, I cannot comment on those issues. Your post suggests that your brother is in agreement that the quitclaim deed is not valid, and if that's the case then there is no need to go into those issues.
    Quote Quoting blueamber
    He wants very much for me to sell my 1/2 interest to him
    Have you considered getting an appraisal, and asking him to pay half of the appraised value?
    Quote Quoting blueamber
    ...has made threats about lawyer fees and court costs...
    Litigation is expensive. But if you win, it could create significant issues for him, given that he has a tenant in the property who could potentially sue him for breach of contract if the court orders the property sold.
    Quote Quoting blueamber
    ...and how I would owe past taxes, insurance, improvements, repairs...
    Your position on routine expenses would presumably be that your brother (through his tenant) has had exclusive use and enjoyment of the property, and that he should thus bear those costs. For improvements, it would depend upon the improvements and their effect on property value. For any claim of reimbursement, you might try to assert that the claim should be barred by virtue of your brother's apparent fraud and concealment of your rights. These are issues to discuss with your lawyer.
    Quote Quoting blueamber
    If he doesn't offer enough money and we go to court, can I occupy the land, kick the non-profit out, during the legal process?
    As a co-owner, who did not agree to the tenancy, you would normally have the right to the use and enjoyment of the property, with the impact on your brother's tenant being something for him to work out with his tenant -- but we don't know the details so, once again, that is something to discuss with your lawyer before you act.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Are a Real Estate Co-Owner's Rights When the Other Owner Has Leased the Prem

    Quote Quoting blueamber
    View Post
    his lawyer hasn't got back with me...
    He won't.

    Your brother and his lawyer are quite satisfied with the status quo.

    Doing nothing costs your brother nothing.

    Doing nothing costs you everything.

    If you are not willing and able to hire your own lawyer and file a partition action to force the sale of the property, then you might as well forget the whole thing and move on.

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