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I inherited a vacation property with three of my siblings.

Lexington, NC |

Two of my siblings are selling their portion of the property to my third sibling. Therefore, I will own 1/4 of the property. I know that I will have to pay my portion of the insurance, property taxes, normal upkeep and utilities. However, can my third sibling that will own 3/4 of the property force me to pay for repairs, upgrades or anything else for the property that I do not agree with being that I will only own 1/4 share of the property??

Attorney Answers 3

Posted

The prior answer is correct. Unfortunately, these situations are common and can lead to a lot of problems between family members. I strongly advise my clients to give careful consideration to whether their children will really cooperate if they jointly inherit ownership of land. What you have become in legal terms is a "co-tenant" with the 3/4 owner. In addition to the problems you are already confronting, you will find that co-tenants have an "undivided" interest in the property and equal rights to make use of the property. That could work both ways. You could decide that you want to use the property all of the time, regardless of the fact that the sibling owns a 3/4 share or the sibling could decide to use the property all of the time and disregard the fact that you own a 1/4 share. Legally neither of you can "oust" or eject the other without filing a partition lawsuit or coming to some kind of mutual agreement. A partition suit (court ordered sale or division of the property) is often expensive and obviously wouldn't be likely to help your relationship with this sibling. I would recommend that you see if the two of you can either work out an arrangement to share decision making, share time at the property, share rent, whatever OR that you strongly consider selling out your interest in the property. Your sibling ought to want to own the entire property from the perspective of making it easier to manage in all respects, including taxes and insurance. I wish you the best of luck with this situation.

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Posted

Necessary repairs, yes. Upgrades, no- not without your permission.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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Posted

I agree with my colleagues. I would simply add that you may want to have your sibling purchase YOUR share, as well.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

Thanks. I don't plan on selling MY portion of the property....thus, my question.

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