I owned 50% of property with father, he died prior to his death he gave his share to brother which brother has mobile home on property. it was a quickclaim deed. brother and I are on deed each a share 50%. how can I get my share land .to small to divide. brother living in mobile home. can I charge him lot rent etc.what can I do to get my share. does he have to move mobile home. I need my money from my share.
1 Answer from Attorneys
Its quitclaim deed, not quick claim.
If your father died and he transferred his share to his brother prior to death, I assume that you and the brother are owners of the property as tenants in common. That means that while each of you have a 50% interest, you each own the undivided whole of the property and have a right to possess the whole property.
This becomes a problem when two property owners cannot agree. There are several things you can do. Since you need money, perhaps your uncle can buy out your share of the land. I assume that you have no money but if you did, then you could buy out your uncle's share and make him move or charge him rent. If neither of you is able/willing to buy out the other. can the property be divided? For example, if there was a road in the middle, you could take the land on one side and him the other. Then you could subdivide the land and each have separate deeds. If the land is not capable of division, then you need to see a real estate lawyer about partition of the land. In partition, the court will try to divide the land and if it can't be divided it will be sold and the proceeds divided.
I don't think you can charge lot rent since your uncle owns half the land along with you. Your uncle does have to help contribute to the taxes for the land and if you have paid more than your fair share then this can be adjusted in the partition.
I would go and see a real estate litigation attorney who practices in the county/state where the land is located and talk to him/her about partition.