Legal Question in Real Estate Law in Minnesota

joint tenancy real estate laws

My brother has, during the 6 months I spent in another state this year, found an attorney who tells him he may submit an ad in any newspaper stating I abandon my responsibilities to our joint tenancy land holdings, and that he can, when I never see the ad, become sole owner. This is, of course, ridiculous as the CRP on the land more than pays for the taxes and he's reaped other benefits besides. Also, I have always spent at least a portion of each year in the state in which this property is held. If this is something that is even remotely possible, how to I fight it and stop him?

Asked on 6/01/09, 2:37 pm

2 Answers from Attorneys

Daniel Reiff Reiff Law Office

Re: joint tenancy real estate laws

Get a lawyer immediately. I do not mean to sound self-serving to lawyers, but this is not some quick fix thing. It certainly sounds as if your brother has already gotten a lawyer and is taking steps to take your title. This situation sounds like it has the potential to be very unfortunate and could cause a serious rift between you and your brother. I highly recommend you get an attorney immediately.

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Answered on 6/01/09, 2:52 pm

Sam Calvert Calvert Law Office

Re: joint tenancy real estate laws

My first thought is: if you are not talking to his lawyer, how accurate is the translation your brother is giving you of what his lawyer is really saying? Typically to "dissolve" a joint tenancy you need to do a partition action. There is a state statute that outlines the procedure, which is vastly more complicated than publishing an ad. If you and your brother do not want to co-own the property any longer, if you can agree between yourselves as to how to divide it, you will save a lot of aggravation and expense. You might ask your brother to sit down with a neutral mediator to work out something mutually agreeable.

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Answered on 6/01/09, 7:02 pm

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