Legal Question in Real Estate Law in Tennessee
Jointly owned property by 3 persons only one living in property
My husband owns a house jointly with his 2 sisters. Is he liable if someone gets hurt in the house? Only one sister lives there. Can he get his 3rd worth of the house if he wants out of joint ownership? His father wants him to just let the sister have it. But this is not practical in his financial situation. Does he have the right to have his name on the insurance policy even though his father insist on it being in his father and the one sisters name only?
1 Answer from Attorneys
Re: Jointly owned property by 3 persons only one living in property
1. Yes, he is jointly and severally liable.
2. Yes, he may sell his undivided 1/3 interest.
3. Yes, as an owner his name should be on policy.
I have not seen the deed creating the joint tenancy, so I am guessing. Likewise, few purchasers want an undivided interest. Perhaps consult an attorney regarding a partition suit if other owners will not buy out your husband.