Can I Stop a Partition Action?
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Summary
A piece of property that my grandparents owned now owned by my uncle and myself, my uncle doesn’t want to work with me or talk to me so he wants to sell it. The property has a cabin on it. I’ve tried to get a loan on it but every mortgage company says the property is substandard. My uncle won’t let me get a personal loan to fix the property up so that I can get a loan to pay him off. Is there something I can do to stop my uncle from forcing a partition action? Also in the will of my grandparents they stated that the property was to go to their grandchildren not their children does this help. |
“Is there something I can do to stop my uncle from forcing a partition action?
A piece of property that my grandparents owned now owned by my uncle and myself, my uncle doesn’t want to work with me or talk to me so he wants to sell it. The property has a cabin on it. I’ve tried to get a loan on it but every mortgage company says the property is substandard. My uncle won’t let me get a personal loan to fix the property up so that I can get a loan to pay him off. Also in the will of my grandparents they stated that the property was to go to their grandchildren not their children does this help.”
I’m afraid there’s little you can do to stop the partition action. The purpose of partition is to keep people from being stuck as co-owners forever, so if one party wants out, they get out.
It is possible to waive your right to partition, but clearly your uncle isn’t going to agree to that now if he hasn’t already. As for the will, once the property is out of the estate, it belongs to the people who got it. The will no longer has any legal effect (though it may have some moral weight).
Probably the best you can do is point out how much your uncle stands to lose in the cost of the action, and the lower sale price due to the condition of the property. Good luck.
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For more on this subject check out these categories: Partition, Property, Wills, Trust & Estate Planning
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
