Joint Tenant Needs to Sell Home Quickly

What is the name of your state? CA

The home owners are my wife and her mother. We have a family feud occuring and my wife and I would like desperately to get out of our home and into a new one (owned by the two of us solely).

The mother-in-law probably doesn't want to move because she has an IRS tax lein on her that has now been attached to the home and because of the lein she can't find anyone that will provide a loan large enough to buy out my wife's half. Oh, one other detail; the lein will be knocked off the IRS records in Oct 2003 (approx. 9 months).

What are our options to get out of this house?
Can we simply list the house for sale on our own without the mother-in-law getting involved?

If yes, we don't know how it will work out as far as prospective buyers coming to view the home (we don't think that her mom will be cooperative). Another detail: Her mom has changed the locks on her bedroom and our spare bedroom [she states that the spare bedroom is in fact her son's room and she's protecting his belongings in the room. 3 days ago I got a court ordered Domestic Violence restraining order issued to her son with a move-out order attached so he is not allowed to be here for the next 3 years]. Does she have to make those rooms available for showing if the home is for sale?

Is it necessary for us to take court action in order to sell this home, take our share and run? I know that Partition Actions take about 6 months to 1 Year to complete so we might just wait for the 8 months until the mother-in-laws lein to drop off and see if she wants to buy us out at that point.

Sorry, so long. It's a crazy situation, and it's called my life.

Thanks for your help.

[HomeGuru]

[quote]Originally posted by dlacrh
[b]What is the name of your state? CA

The home owners are my wife and her mother. We have a family feud occuring and my wife and I would like desperately to get out of our home and into a new one (owned by the two of us solely).

The mother-in-law probably doesn't want to move because she has an IRS tax lein on her that has now been attached to the home and because of the lein she can't find anyone that will provide a loan large enough to buy out my wife's half. Oh, one other detail; the lein will be knocked off the IRS records in Oct 2003 (approx. 9 months).

**A: I do not believe that the IRS will simply remove this lien unless paid or settled in some fashion. What is the story on this?
**********

What are our options to get out of this house?
Can we simply list the house for sale on our own without the mother-in-law getting involved?

**A: you have not stated who is on title. If all three parties are on title the answer is no.
******
If yes, we don't know how it will work out as far as prospective buyers coming to view the home (we don't think that her mom will be cooperative). Another detail: Her mom has changed the locks on her bedroom and our spare bedroom [she states that the spare bedroom is in fact her son's room and she's protecting his belongings in the room. 3 days ago I got a court ordered Domestic Violence restraining order issued to her son with a move-out order attached so he is not allowed to be here for the next 3 years]. Does she have to make those rooms available for showing if the home is for sale?

**A: see above.
*******

Is it necessary for us to take court action in order to sell this home, take our share and run? I know that Partition Actions take about 6 months to 1 Year to complete so we might just wait for the 8 months until the mother-in-laws lein to drop off and see if she wants to buy us out at that point.

Sorry, so long. It's a crazy situation, and it's called my life.

Thanks for your help.

**A: sounds like you need to be talking with a real estate attorney.

Thanks for your reply.

There are only two parties on the deed. My wife and her mother.
Can we put the house up for sale without her mother's involvement? Would we need to have a court action to do this type of sale?

As for the IRS lein, it's an old lein from approx 10 - 15 years ago that the IRS has never been able to collect on. The mother-in-law was told be the IRS that the lein would be bounced out of collections and out of the records in OCT 2003 if they had not collected by then.

Thanks again.

By the way, do you happen to know any place on the web that is a free or deeply discounted forum like "Free Advice" where I could contact a real estate attorney?

[HomeGuru]

[quote]Originally posted by dlacrh
[b]Thanks for your reply.

There are only two parties on the deed. My wife and her mother.
Can we put the house up for sale without her mother's involvement?

**A: no because both owners would need to sign the contracts.
****************
Would we need to have a court action to do this type of sale?

**A: that is what a partition is.
***********

As for the IRS lein, it's an old lein from approx 10 - 15 years ago that the IRS has never been able to collect on. The mother-in-law was told be the IRS that the lein would be bounced out of collections and out of the records in OCT 2003 if they had not collected by then.

**A: that is great if that really happens but the IRS can refile/renew the lien for another 10-15 years. Also the IRS has not yet collected but they have secured the real property as collateral. They will not release the collateral just because they are nice guys. Do you have a letter from the IRS confirming that the lien will be released etc.

***********
Thanks again.

By the way, do you happen to know any place on the web that is a free or deeply discounted forum like "Free Advice" where I could contact a real estate attorney?

**A: go to the homepage of this website. You can obtain info on a prepaid legal service or contact [url]www.attorneypages.com[/url]

Thank for your QUICK and USEFUL help. Have a great day!

[HomeGuru]

Originally posted by dlacrh
Thank for your QUICK and USEFUL help. Have a great day!

**A: you are welcome and you also have a great day.