Legal Question in Real Estate Law in Minnesota
Joint Tenants of Property
We are joint tenants of lake property with another couple. It has become a very ugly situation and we want to get out. They do not want to give us what we are asking for our half and they are not willing to put it up for sale. What are our rights, what other choices do we have? How can we get out of this aweful mess?
2 Answers from Attorneys
Re: Joint Tenants of Property
Your primary option is to sue the other couple for partition of the property. In a partition action, the court will determine the fair market value of the property and order one party (who wants to keep the property) to pay the other party (who does not want to keep the property). If the value cannot be reasonably determined, the court will order that the property be sold, and the net sale proceeds be divided between the parties.
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Re: Joint Tenants of Property
That's a tough situation. The legal remedy is what the law calls a partition action -- where you ask the court to sell the property and divide the proceeds fairly. You might try to have a neutral party mediate something with your former friends. You should have an attorney review the deed to be sure that you are joint tenants between you and your spouse, but tenants in common with the other couple.
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