QUESTION
Am I entitled to half the rent he receives if I co-own 3 properties with my ex, right of survivorship?
Asked on Jan 08th, 2014 on Estate Planning - Michigan
More details to this question:
I signed my name off of them. However, I still legally own them with him since he never filed paperwork through the courthouse. He rented out the 1 property before and was sued. He adjoined me to the lawsuit. That was settled. However, he is renting it out again. I still co-own it.
4 ANSWERS
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If you signed your name off on the property, then you are no longer an owner. The deeds are valid, when signed. I am not sure why your ex has failed to record them, but that does not mean you are still an owner. It only means that the public is not on notice that you are no longer an owner. You are not entitled to rent.
Answered on Jan 10th, 2014 at 9:52 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Look at what you wrote. You signed off on them. I presume that means you signed a quit claim deed to your interest in the properties. Once that is done, you no longer have an interest in the property. In order to be valid against third parties it should be filed with the recorder's office. But as between the two of you, you own nothing. So you are not entitled to half the rent.
Answered on Jan 10th, 2014 at 9:51 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you contact a family lawyer to structure a settlement for the two of you to abide by.
Answered on Jan 10th, 2014 at 9:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and compel his transfer if the property. Your Oman is not worth the fight and fees, and would you like to share the expenses and loss.
Answered on Jan 10th, 2014 at 9:59 AM