Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   10% ownership of property in Texas.. . rights? (https://www.askmehelpdesk.com/showthread.php?t=668246)

  • Jun 7, 2012, 12:42 PM
    Twin13084
    10% ownership of property in Texas.. . rights?
    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!!!!
  • Jun 7, 2012, 12:53 PM
    AK lawyer
    Quote:

    Originally Posted by Twin13084 View Post
    ...
    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.

    Quote:

    Originally Posted by Twin13084 View Post
    ... If the person moving into it owns 80%, can they be charged rent by us?
    ...

    No. Your remedy would be an action for partition.

    Quote:

    Originally Posted by Twin13084 View Post
    ...
    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.

    Quote:

    Originally Posted by Twin13084 View Post
    ...
    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.
  • Jun 7, 2012, 12:54 PM
    smoothy
    Quote:

    Originally Posted by Twin13084 View Post
    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.

  • All times are GMT -7. The time now is 01:59 PM.