QUESTION

Partition of residence owned jointly by two brothers, both families refuse to leave, so there should be fair legal division

Asked on Jul 08th, 2013 on Residential Real Estate - New Jersey
More details to this question:
Spouses' brother is moving our furniture into smaller spaces and taking over more and more space at home, claiming that the house belongs to him alone, and refuses to respect our belongings and equal right to the house. We are worried about being pushed out of a home that we have co-owned from the beginning, and it is an unhealthy environment for our kids, every day is unstable and stressful. The only solution would be to divide the house equally and have our own section of the house, since none of the families wishes to move out of this house and locality. Basically, spouses' brother is making his own partitions in the house as he pleases and dumping our things in little corners to force us to move out. The house has been occupied by us since 2005, with mortgage split equally .
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
the law is clear that joint ownership means equal access to all parts of the property.  If you do a partition action in court, the property value will be split, but not the actual property -  meaning the property will be sold, and the proceeds divided.  You would probably be well served going to a mediator to discuss the problem and arrive at a solution.  
Answered on Jul 09th, 2013 at 6:41 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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