Joint Tenancy rights

[kdb4830]

What is the name of your state (only U.S. law)? Missouri

I am trying to find out the rights of Tenants in Common in Missouri. My divorced father passed away without a will leaving me and two siblings egual parts of half of 17 acres with a dwelling and several out buildings. The other half of the property belongs to my mother who is currently living in the house. The total property was valued at $34,000 when it went through probate. One sibling wants to be bought out for what he thinks is the cash value of his 1/6th of the property. Here is the question... Can this sibling force the other tenants in common to pay the current market value of his 1/6 of the property when together they own 5/6th of the property? Any response would be greatly appreciated. TenantInCommon.

[JETX]

Originally Posted by kdb4830

Can this sibling force the other tenants in common to pay the current market value of his 1/6 of the property when together they own 5/6th of the property?

Yes. He can file a 'partition action' and the court could order sale of the property or purchase of his share.

[nextwife]

Originally Posted by kdb4830

What is the name of your state (only U.S. law)? Missouri

I am trying to find out the rights of Tenants in Common in Missouri. My divorced father passed away without a will leaving me and two siblings egual parts of half of 17 acres with a dwelling and several out buildings. The other half of the property belongs to my mother who is currently living in the house. The total property was valued at $34,000 when it went through probate. One sibling wants to be bought out for what he thinks is the cash value of his 1/6th of the property. Here is the question... Can this sibling force the other tenants in common to pay the current market value of his 1/6 of the property when together they own 5/6th of the property? Any response would be greatly appreciated. TenantInCommon.

Which is it? Was ownership of all this land under one deed held as Jt Tenants and mom owns an undivided one half, or tenants on Common of an undivided half interest? You reference both forms of ownership.

Or is this TWO contiguous parcels. One of which one was owned by dad alone, and of which you and sibs would inherit under intestate succession? It is VERY important to know exactly how title was held.

[kdb4830]

Please read next entry...

[kdb4830]

[quote=nextwife;2167308]Which is it? Was ownership of all this land under one deed held as Jt Tenants and mom owns an undivided one half, or tenants on Common of an undivided half interest? You reference both forms of ownership.

Both, I guess. Mom and Dad owned house and property undivided and were divorced at time of his death, Joint Tenants. No liens, no mortgages. Paid in full. I believe, if I understand the definition of Tenants in Common, that makes us (his 3 children) equal owners of his undivided half the of the whole with my mother owning the other undivided half. We received one third each of his undivided half in probate, my mother retains her half undivided. Please correct me if I am wrong about the definition of tenants in common. I understand one "tenant" can file a partition claim but can he force the others to pay for his legal fees, etc. My mother has lived there for the majority of 35 years.Does that count for anything? Does our legal right to 5/6 of the property out way his claim to 1/6 of it? Probably not, from what I have been reading but it would be nice if it did. Thanks for your feedback as always.