What is the name of your state (only U.S. law)? Alabama
When I divorced in 2003 I purchased a used manufactured home that for me and my sons. To ensure that if anything happened to me my sons would have no problem, I added my oldest son to the contract and deed, even though I made all the payments. The plan at the time was to pay off the property and I would move out leaving it to my son. Well, I lost my job last year and have been having trouble finding another so I'm kind of stuck right now. My oldest son is now 32 with a wife and two children and still lives with me in this manufactured home. My question: Is there a way I can force him to buy me out of my half of the home and land?
He has no intention of leaving and I am having major issues with his wife which in turn is causing me health issues from trying to deal with both of them. Please help!
Unfortunately you have not legal means of compelling your son to purchase your interest in the property. Nor could you force him to sell his interest - either to you or a third party.
What you did by including him as an owner (unconsciously I'm sure) is to have created what is known as "
an estate in cotenancy" with each of you independently owning an undivided interest in the whole as "
tenants in common", or "
co-tenants". As you are now painfully aware it was a huge mistake as that type of joint ownership is fraught with legal, expensive headaches. Some you haven't even seen yet!
However, you do have some refuge. One of certainty and the other a maybe.
No. 1. You can force the sale of the property by court decree and have the net proceeds distributed as your separate interests appear, which I assume are equal.
Someone has suggested consulting with a lawyer regarding petitioning a local circuit court for an order of partition of the property. Which is an option available to a co-tenant under the Alabama Code (Title 35 - Property - Chapter 6 - Partition). But that is an extremely time consuming and costly process.
Fortunately, Alabama unlike any other state that I know of gives you another option and one less complicated and costly. And that is contained in Section 35-6-58 of the Alabama Code whereby any co-tenant can petition local probate court to order the property sold without all the hassle involved in a partition, appointment of commissioners, appraisals, etc. etc.
No. 2. You tell us that you alone have been making all the payments on the contract for deed or mortgage whatever.
So, unless there is a formal express agreement between you and son whereby you agreed to absorb all of those payments and he is to be Scott free of them, you MAY have a claim against him for contribution of one half of those payments. Including not only the mortgage or contract payments, but taxes and insurance costs. (How many and over what period of time would depend on applicable statutes of limitations.)
The point here is that should you obtain a sizeable judgment against your son for his one half, you could levy that judgment against his interest in the property. Why? Because in case of no written agreement otherwise he, as an equal/one half owner, is likewise equally liable for those expenses.
I'm sure that this is all confusing to you as it is indeed confusing (it isn't taught in law school) BUT talk to your lawyer about what I have mentioned. Either that or stick it out until they carry you out feet first.
Good luck
