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  1. #11
    Join Date
    Jul 2018
    Posts
    1,289

    Default Re: Partition of Property

    I find your question a bit odd given that you referenced a partition action in the subject header of your post.

    A question for you: If your grandmother only died six months ago, has title to the property actually been transferred to the two of you, or is probate still pending? If probate is still pending, there's probably an easier and less costly way to deal with this than a partition action.

    There's a person who used to frequent a couple legal message boards who would recommend to you that you start throwing parties at the residence for local biker gangs and such. After all, it's your home too. Not that I'm recommending that.

  2. #12

    Default Re: Partition of Property

    Do not know if the title has been changed yet, Last change of record was made in 2009 which shows all three of us listed on the deed with right of survivorship next to our names.
    No probate case pending.
    I may throw a few rodeo events there soon tho.

  3. #13
    Join Date
    Jan 2006
    Posts
    38,531

    Default Re: Partition of Property

    Quote Quoting mach1rider
    View Post
    I do thank the replies but, I did not agree to anything as to the writing of the deed. This was all done when my grandmother was in Michigan with my sister in mid 2009.
    It was at that time my sister also had health and legal POA paperwork assigned to her. Non of which I thought was a good idea.
    After just over 2 years pass that point she had our grandmother put in a home where she stayed till she past in Dec 2018.

    All I knew was that my grandmother had stated that she had left the house to my sister and I in her will.
    I do know that my sister has taken advantage of our grandmother for many years and somehow has drain all of her bank accounts just before she had her placed in the state home.
    P.s. I know I need proof of that but, A close look into my grandmothers bank statements may show just that.
    If property had already been transferred prior to your grandmothers death, her will is irrelevant. You are simply the remaining owners of an existing joint ownership.


    Before you think about doing anything, which so far doesnít look like you would be successful, are you willing and able to spend a large chunk of money to argue this?

  4. #14

    Default Re: Partition of Property

    Yes Jk I did have a previous thread concerning this matter, But that was to get myself separated from my sisters miss handling of my grandmother accounts and using the house as a rental for income.
    She rented the house for years under the idea it was for my grandmothers benefit. I have cense found out that she has never filed income taxes for the rental on her behalf.
    But my sister has kept and used the proceeds for herself and not reported the income on her taxes.

    I do not wish to be involved when this turns bad.

  5. #15

    Default Re: Partition of Property

    While checking into possible way to settle this mess, I have forwarded info to IRS and State Treasury so they may do as they wish with my sister.
    Also filing for her to pay me rent while she is in the house.

  6. #16
    Join Date
    Oct 2016
    Posts
    2,869

    Default Re: Partition of Property

    You do realize that collection action taken against your sister by governmental agencies may end up with the property having to be sold?

  7. #17

    Default Re: Partition of Property

    Yes, But she leaves me no choice as each time there is an agreement made and it comes time for her to sign it she changes her mind and refuses.
    There is over 30 years of this I'm entitled attitude that needs to be dealt with some how, So let the governmental agencies take a swing at it.

  8. #18
    Join Date
    Jan 2006
    Posts
    38,531

    Default Re: Partition of Property

    This is definately something I would have to research but I am thinking even the government couldnít partition the property. The issue, in Michigan, and the reason the owners canít partition is the state considers the joint title as creating a life tenancy to the party that dies first with the remainder going to the surviving co-owner(s) With that sort of view, it is not able to be determined who holds the life tenancy and who the remainder until one party dies. It also makes it so any action against the sister would also be an action against the op and generally, the government cannot cannot act against a party unless they are also part of the suit or action that allowed action against the sister.

    As well, joint tenancies, while there is equal interest held by each owner, it is not considered to be owning 1/2 of the property but an undecided 1/2 interest in the whole.

    I suspect the best the government would be able to do is assert a lien against the debtors share in case it is ever sold. Given it is a jt wros it passes outside of probate so the government cannot assert a claim to act on the lien unless the surviving party is also the debtor.

    Actually, causing such an issue might make sister even more reluctant to separate the property. If the government does assert a lien against the property, that would make her share exposed to interception by that government body should the property be sold. If sister buys out op, that would expose sister to foreclosure for the government debt.

    again, that is just spit balling and would require research to support it.

  9. #19

    Default Re: Partition of Property

    They may or may not be able to force sale, But it protects me from being responsible for her debt to them. That would extinguish when she passes leaving the property clear to me.
    If I pass before her it opens the property up for them to collect from her. Karma is catching up to her.

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