Legal Question in Real Estate Law in Missouri
Tenants in Common
I have a very unique situation and have no idea where to turn. I purchased duplex two years ago with a friend, she and her partner (we are both gay-she in a domestic partnership and I being single at the time). She and her partner lived in one half of the duplex and I in the other. I decided to buy another property (that I currenlty live in) and with all parties in agreement I am currently renting out my half of the duplex. I am now in a domestic partnership and would like to quit claim my partner to the title of the duplex. However, she is refusing to allow/sign a quit claim to change the title. What right do I have owning 50% of the property and/or what options do I have as a Tenant in Common to get out of the property entirely?
1 Answer from Attorneys
Re: Tenants in Common
There are at least two possibilities. First, if you in fact own the duplex as tenants in common, then this means that you and the other owner each own an undivided one-half interest in the property. This form of ownership is fairly rare, and I wonder how you two wound up with this type of ownership, if that is in fact what you have. In any event, you can sell your undivided one-half interest without the other owner's consent if you can find a buyer willing to take it. On the other hand, you may find yourself in a situation where you need to file a lawsuit, called a suit in partition, in which you seek a court order for the sale of the property. This can be a lengthy process and can involve considerable expense. I would strongly suggest that you consult with an attorney.
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