Legal Question in Wills and Trusts in Maine
Co- Owner Rights
I am a Co-Owner of a piece of property with my Mother. My Father left it this way in his will. I would like to know what Rights I have as a Co-Owner. My Mother plans to leave the property because of Maintance Issues, but refuses to sign off on the Deed in agreeance that I make any and all repairs and for Myself and my Fiance to live there. If My Mother plans to leave the property, and further damage is done to the home by her negligence, What actions should I take. What if any Forms could be filed to have my Mothers name remove from the Deed?
1 Answer from Attorneys
Re: Co- Owner Rights
This response is from John Turcotte. I work with Jerome Gamache at the firm of Ainsworth, Thelin, Chamberlain & Raftice, P.A. in South Portland, Maine.
Your rights will largely depend on whether or not you are a joint tenant with your mother or a tenant-in-common. The easiest way to resolve the dispute may be to simply buy your mother's interest, if she is willing to sell to you at a reasonable price.
If she is unwilling to sell, your options are limited. If you are a joint tenant, you may be able to bring an action for partition to force your mother to either sell the property or to buy out her interest. If you are a tenant in common, it will be more difficult. If your mother is causing actual damage to the property, you might be able to seek relief.
I'd be happy to discuss this in more detail with you, although I would need more facts. If you are interested in pursuing this matter, please contact me at (207) 767-4824.
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