Legal Question in Real Estate Law in Ohio
Joint Survivorship - Rent vs. Sell
My mother died and her deed for the house is in joint suvivorship among 4 kids. We have a cousin that needs to rent a home for a period of time. 3 siblings are OK with it. 1 is not. If we elect to rent it (majority rule) for now instead of sellig it, what kind of legal challenge could the dissenting child make? Nobody wants to buy out the dissenting child. We just want to rent it for now and will sell at a later date.
1 Answer from Attorneys
Re: Joint Survivorship - Rent vs. Sell
Dear Family, It appears that it is in the best interests of the family, including the dissenting sibling, to rent the house, obtain income, and avoid the potential of vandalism, etc.
The dissenting sibling will have to bring a legal action to attemopt to overcome the will of the majority of heirs, and it is likely that the Court will agree with my recommendations. Should your dissenting sibling bring any action (lawsuit), the majority can petition the court to permit appointment of a Receiver, to manage the property, for a fee of course, and arrange for the sale of the house, at some future date, only after your Cousin moves out voluntarily. However, imoportantly, the majority may argue that in this present economy, it is unwise to try to leave a house vacant, or to sell the house now. Also the cost of a Receiver is not in the best economic interests of your late parent in leaving the property ot all of you, equally.
Time and space do not permit me to offer further advice. You may feel free to seek the advice of an Attorney to represent you.
Good luck.
Sincerely,
J. Norman Stark, Cleveland, Ohio.
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