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split 4 ways

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bwofp

Guest
What is the name of your state?alabama.My father. deceased for over a year, included in his divorce decree from my mother that half of the home he had owned was hers and the other half was to be spit between the three children. My mother has re-married several times since the divorce .and no longer lives in the home. I have requested my part of my inheritence. the home in great dis re-pair and this has only occurred within the last four years .my brother has been allowed to live in home rent free and has basically trashed the home.EVERY YEAR THAT GOES BY THE PROPERTY IS DEPRECIATING! My mother won't talk to me about this. My sister doesn't want to upset mom, and brother is quiet content. What are my legal rights ? We are all legal age. the split is stated in divorce decree. HELP1 :eek:
 


JETX

Senior Member
And the most important issue missing from your post is.....
How is the title to the property CURRENTLY listed?? If you are shown as a part owner, then you can file a 'partition' lawsuit and ask the court to resolve the issue.

However, if the property has never been probated properly and your name doesn't show up on the current title at all.... you have NO rights to the property.
 
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bwofp

Guest
divided and conq

Thank you JETX. ALL OUR NAMES WERE LISTED ON THE DEED AFTER THE DIVORCE. WHAT EXACTLY IS A PARTION LAWSUIT?
 

JETX

Senior Member
bwofp said:
ALL OUR NAMES WERE LISTED ON THE DEED AFTER THE DIVORCE. WHAT EXACTLY IS A PARTION LAWSUIT?
partition
n. a lawsuit which one co-owner of real property can file to get a court order requiring the sale of the property and division of the profits, or division of the land between the co-owners, which is often a practical impossibility. Normally, a partition order provides for an appraisal of the total property, which sets the price for one of the parties to buy out the other's half. Partition cases are common when co-owners differ on whether to sell, keep or divide the property.
 

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