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Barnaby · Jan 1, 2012, 08:10 PM

A house was deeded to two brothers as tenants in common, while the father held a life estate. The father had passed in 2005. The house has since been vacant and boarded up. One brother is continuing to pay the taxes, while the other brother is doing nothing, and they both do not speak. The brother paying the taxes wishes to sell, but neither he nor myself can get in touch with his other brother... he is ignoring all means of communication. Would it be a safe bet to purchase his interest and partion the property?

ScottGem · Jan 1, 2012, 08:55 PM

Frankly no. A partition is used when you already own a share in a property and the other owners are preventing a sale. I would not take a chance by buying one of those shares in this situation.

Barnaby · Jan 1, 2012, 09:03 PM

So, I cannot take a 1/2 interest and then partition the property

How about going to contract with a closing contingency dependent on the successful partion of the half interest owner

LisaB4657 · Jan 1, 2012, 09:12 PM

Sure, you can do that. But it could cost you a lot of $ to track down the missing brother and file the lawsuit. Plus, there is never a guarantee that you'll win. That would be a lot to spend only to lose the case. There are so many properties available now at greatly reduced prices. Why take so much risk on something that's not a sure thing?

Barnaby · Jan 1, 2012, 09:18 PM

After filing the complaint in the partition, and service attempted on the other 1/2 interest is unsuccessful, cannot service be effectuated by means of advertisement?

LisaB4657 · Jan 1, 2012, 09:33 PM

I'm not sure. I don't do litigation and I never had to track down missing parties. There may be someone else here who can answer that question for you.

But I do know that bringing an action for partition is not as inexpensive and easy as filing a lawsuit in small claims. There are going to be fees, including legal fees, and there is no guarantee that you'll win. The purchase price would have to be hugely discounted to make it worth the risk.

Barnaby · Jan 1, 2012, 09:43 PM

Thank you Lisa

LisaB4657 · Jan 1, 2012, 11:18 PM

Good luck!

ScottGem · Jan 2, 2012, 04:21 AM

Bottom line here is the goal of any real estate purchase or investment is to get clear title. Any situation where getting clear title is chancy becomes a great risk. You have to weigh the risks and costs against the potential for profit. Personally, I think, if you are looking for investment property, there are a lot better opportunities.

Barnaby · Jan 2, 2012, 07:08 AM

The potential to get this 1/2 interest is ridicously cheap, therefore I am exploring all avenues.

How about a quiet title action?

ScottGem · Jan 2, 2012, 07:11 AM

Lisa explained what a quiet title is in your other thread. It doesn't apply here.

AK lawyer · Jan 2, 2012, 06:35 PM

Originally Posted by Barnaby

so, i cannot take a 1/2 interest and then partition the property ...

Sure you can. You asked if doing that would be a "safe bet". ScottGemm answered that it would not be. But you still can do it.

Originally Posted by Barnaby

... how about going to contract with a closing contingency dependent on the successful partion of the half interest owner

Nope. Before closing, you won't have title to the 1/2 interest. And without title, you don't have standing to ask for partition.