Is a person automatically entitled to equal share of a piece of property just becasue their name is in the title?
Question Details: We have a condo that is the name of my husband and his sister. At the time when she left (moved out) she said she did not want to be a part of it anymore. At the time the amount owed was more than the house was worth. We have been paying the mortgage and association fee and upkeeping for last 14 years. Now that property is paid off and we want to sell, she wants half. Can she do that?
Real Estate Law Answers
Yes she can get her portion because you and your husband should have followed up on the "I don't want it anymore" with her signing off on it. You left it like it is and now you'll have to pay her off or go to court. You should start negotiations to see what she'll take to go away before it appreciates any further.
What we don't know is the exact title is it joint tenancy, tenants in common as there are some variables in analyzing the possible outcomes but you should never have left her on the title and in order to let her free of the expenses asked her to sign off on the title to your husband.
The advice from the other attorney is not necessarily correct. Whether or not she is entitled to half of the proceeds from the sale will depend upon a number of factors. Your payments on the mortgage and property taxes must be taken into consideration.
You should discuss this matter with a real estate attorney. I can assist you with this case.
Robert Spitz
909 395 0909
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