Legal Question in Real Estate Law in Montana
tenants in common with sister & her husband
Sis & spouse bought 2 acres from mom & spouse, given rt of 1st refusal to buy remaining 6+ acres, terminates upon first sale. Mom's spouse gifted via quitclaim his int in remaining owned jt ten w/right of surviv to sis & her spouse w/out mom's ok. Mom's spouse diagnosed w/cancer. Mom gifted via quitclaim her int to me 1 yr later. Spouse died shortly after. Very bad feelings, little communications in yrs though sis & spouse live on land adjacent.
My understanding: 6+ acres (valued @ $40-60k) now [1/2 int Me in common tenancy with (1/4 int sis in jt ten w/ritht of surviv with husband)]. Correct? Officially told land can be partitioned.
Mom wishes to move away from sis & spouse now that she has means. I will move too to help care for her.
What can I do with my 1/2 int in the land? Can I sell my int to a willing 4th party, difficult as that may be to find? Will their rt of 1st refusal affect a court ordered sale? My proceeds of land will be used for mom.
Thank you
1 Answer from Attorneys
Re: tenants in common with sister & her husband
First of all, when land is held in jt with right of survivorship and one party transfers the land to another party, the jt no longer exists and all parties hold the land in tenancy in common.
My understanding of the original deal is that sis and spouse had right of first refusal for all transfers. If this is the case, when your mom transfered property to you, it was a violation of the original agreement. If the provision is just for the sale, then you cannot sell the property without giving your sister the right of first refusal.
My suggestion is to offer the land to your sister first. If she does not want to buy it, then sell it to another party who is willing.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
