Legal Question in Real Estate Law in Indiana

In 2007, my parents amended the deed to their house in the form of a quitclaim deed which added me as an owner with rights of survivorship. My mom is in a nursing home, and my dad lives in the house with his niece. I, along with my wife and seven kids would like to move into the house. The house is not finished, but in great condition. My father is behind on the property taxes by ~ $5,000.00. My wife and I are considering getting a loan and paying off the taxes, as well as not only finishing the house, but expanding to fit my large family. My father and I do not get along, so I have a feeling that he will be against the idea, but seeing as though I am on the deed, and am willing to invest so much into the place, I am wondering if I can make the decision on my own to not only move in, but also build against his wishes (seeing as he is a co-owner. (I do not intend on trying to push he and his niece out.) Can I just get a contractor on my own and just start working against the wishes of a co-owner?


Asked on 4/29/13, 10:30 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

First, an attorney really needs to read this deed to make sure of your ownership rights. If you are a co-owner, then you can move in. You can not necessarily add onto the premises, and I doubt whether I would just move in with my family. Best alternative is to sell the house through a court proceeeding and split the money.

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Answered on 4/29/13, 11:28 am


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