Log in

View Full Version : 10% ownership of property in Texas.. . rights?


Twin13084
Jun 7, 2012, 12:42 PM
One sister and I inherited 10% of my parents' land in TX which has a small cabin on it. What rights to do we have? Should we be allowed a key? If the person moving into it owns 80%, can they be charged rent by us? Can she do something to get the other 20% from us? Do we have any rights when we only hold a total of 20%?

THANK YOU so very, very much for your help!!!!

AK lawyer
Jun 7, 2012, 12:53 PM
...
Should we be allowed a key? ...
...

Has the estate been distributed yet? If so, certainly. There is actually nothing stopping you from going in and changing the locks.


... If the person moving into it owns 80%, can they be charged rent by us?
...

No. Your remedy would be an action for partition.


...
Can she do something to get the other 20% from us? ...
...

Yes, She could sue you for partiton. She could either buy you out or the property would be sold. You would get 1/5 of the proceeds.


...
Do we have any rights when we only hold a total of 20%? ...
...

Yes, in theory. But often it's necessary to go to court to enforce those rights. Therefore ownership of an undivided interest in real property (either in-common or joint ownereship) is frequently an ill-advised arrangement, especially if it is among people who don't live together in the property.

smoothy
Jun 7, 2012, 12:54 PM
One sister and I inherited 10% of my parents' land in TX which has a small cabin on it. What rights to do we have? Should we be allowed a key? If the person moving into it owns 80%, can they be charged rent by us? Can she do something to get the other 20% from us? Do we have any rights when we only hold a total of 20%?

THANK YOU so very, very much for your help!!!!

Sure... they can do a partition suit and get it your 10% each... I'm sure they could scrape up that money and buy you out of your share (or vice versa)... 10% does not guarantee you 50% equity or 50% rights to use it...

Expect it to get ugly... family infighting is never pretty And expect it to stay that way for years.