Ask Experts Questions for FREE Help !
Ask
    Twin13084's Avatar
    Twin13084 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 7, 2012, 12:42 PM
    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!!!!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    Jun 7, 2012, 12:53 PM
    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.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
    Uber Member
     
    #3

    Jun 7, 2012, 12:54 PM
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is property bought with heneritance money considered community property in Texas? [ 0 Answers ]

My step mother purchased property with monies that was left to her by her father. It was raw land at the time. There have been improvements made to the property by my father. Is it now considered community property? Is there a deed that would make it not community property?

Williamson County Texas. Right of land ownership through use. Is this possible? [ 1 Answers ]

I live in Williamson County Texas. My legal property line is backed by a city owned "greenbelt" area that supports rainwater run off through our neighborhood. The city does a very poor job of maintaining this property. I have had to take care of a section of this property in order to keep the pest...

TEXAS. RESIDENTIAL .change of ownership the tenant is not binded and has 60 days to [ 2 Answers ]

I rented a property six months ago and signed a one year contract. I have had several problems with the landlord. One week ago he sold the property to another company. Someone told me that when there is a change of ownership the tenant is not binded automatically and has 60 days to decide or...


View more questions Search