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Joint Owned Property-Family Fued

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

Hello and thank you for reading this post.

I'm going to try to keep this short and simple.

This pertains to property owned in the UP.

Bought originally by my great grand mother
Deeded to my Grandmother (Her daughter).
Grandmother passed, deeded to her sons afterwards (two sons, one is my dad)
Nothing was done in the way of tax declaration. Property was just deeded down.
The sons are still living but when they pass it will then go to us, the sons children (deeded).

The sons children will never be able to see eye to eye on the property as this has been proven since the grandmother passed away (over 10 years ago).

The other son said (my uncle) we will not buy you out. To make things kosher, he has proposed that two of the oldest siblings on each side be added to the deed.

With that, who ever lives the longest will own the property. In the mean time though, they are controlling everything. We cannot comfortably enjoy the property as they have rule, given that my uncle is in close proximity and we are not. We cannot request time there while being by ourselves.

When they feel that something needs to be fixed, they fix it with no inquiry and no impute from us what so ever but then we are expected to pay. If we don't agree then this is a black mark. When something has been maintained we hear about it after the fact and therefor have no ability to say anything in the way of keeping the cost down by sharing in the work (we are all capable of doing roofing, plumbing, etc.)

When we ask for time alone there, it is not granted. Because of this and many other underlying factors, once the "sons" have passed there cannot/will not be any "sharing". The eldest cousin (after the sons pass) already thinks of the place as his own and has big dreams of renting out many of the cabins on the property without any consult with the other half of the family.

It is getting out of control and with the "sons" are getting a little bit more fragile, something needs to change before they pass as the cousins will never ever be able make it work once it is in their possession. I need to convince my uncle of this. My dad already knowa this and has voiced his concern to his brother.

All in all, it is just not going to work. How does a family deal with this type of scenario? Legally?

Another question if I may, My uncle built a pole barn on the joint property. I don't want his pole barn but I am thinking that because he built it on joint property that someway we can use this as leverage. I don't want to go there as he can have his pole barn but somehow, someway, I need to convince him that this arrangement is NOT going to work and what he could lose (if anything).

In the end, if it stays as he plans (he bullies my dad as there is also an underlying issue there when they were growing up and my dad "feels bad" so he backs down) we, will never be able to be part of the property.

We are at the point that we want them to either buy us out or we split what is there. No "US".

But when something is owned jointly, can you force another to split or if not buy out?

Sorry to ramble but this is disheartening. Grandma didn't have a will but she spoke in no uncertain tone/terms to each of her sons about what should be before she passed. This is just hearsay at this point but she did not want what has developed. So yes, as much as I love her, I am not happy about my "legacy".

With that said, I don't want money persay. This was my childhood vacation spot and I would love to share it with my children. I am being a realist though and I along with my siblings know that this cannot happen jointly witht he cousins. I regress though, if I cannot enjoy the property, I am not willing to let them just "have it" until the last person dies.

If you have any incite I sure would appreciate it.

Crazyeights
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law) MI

Hello and thank you for reading this post.

I'm going to try to keep this short and simple.

This pertains to property owned in the UP.

Bought originally by my great grand mother
Deeded to my Grandmother (Her daughter).
Grandmother passed, deeded to her sons afterwards (two sons, one is my dad)
Nothing was done in the way of tax declaration. Property was just deeded down.
The sons are still living but when they pass it will then go to us, the sons children (deeded).

The sons children will never be able to see eye to eye on the property as this has been proven since the grandmother passed away (over 10 years ago).

The other son said (my uncle) we will not buy you out. To make things kosher, he has proposed that two of the oldest siblings on each side be added to the deed.

With that, who ever lives the longest will own the property. In the mean time though, they are controlling everything. We cannot comfortably enjoy the property as they have rule, given that my uncle is in close proximity and we are not. We cannot request time there while being by ourselves.

When they feel that something needs to be fixed, they fix it with no inquiry and no impute from us what so ever but then we are expected to pay. If we don't agree then this is a black mark. When something has been maintained we hear about it after the fact and therefor have no ability to say anything in the way of keeping the cost down by sharing in the work (we are all capable of doing roofing, plumbing, etc.)

When we ask for time alone there, it is not granted. Because of this and many other underlying factors, once the "sons" have passed there cannot/will not be any "sharing". The eldest cousin (after the sons pass) already thinks of the place as his own and has big dreams of renting out many of the cabins on the property without any consult with the other half of the family.

It is getting out of control and with the "sons" are getting a little bit more fragile, something needs to change before they pass as the cousins will never ever be able make it work once it is in their possession. I need to convince my uncle of this. My dad already knowa this and has voiced his concern to his brother.

All in all, it is just not going to work. How does a family deal with this type of scenario? Legally?

Another question if I may, My uncle built a pole barn on the joint property. I don't want his pole barn but I am thinking that because he built it on joint property that someway we can use this as leverage. I don't want to go there as he can have his pole barn but somehow, someway, I need to convince him that this arrangement is NOT going to work and what he could lose (if anything).

In the end, if it stays as he plans (he bullies my dad as there is also an underlying issue there when they were growing up and my dad "feels bad" so he backs down) we, will never be able to be part of the property.

We are at the point that we want them to either buy us out or we split what is there. No "US".

But when something is owned jointly, can you force another to split or if not buy out?

Sorry to ramble but this is disheartening. Grandma didn't have a will but she spoke in no uncertain tone/terms to each of her sons about what should be before she passed. This is just hearsay at this point but she did not want what has developed. So yes, as much as I love her, I am not happy about my "legacy".

With that said, I don't want money persay. This was my childhood vacation spot and I would love to share it with my children. I am being a realist though and I along with my siblings know that this cannot happen jointly witht he cousins. I regress though, if I cannot enjoy the property, I am not willing to let them just "have it" until the last person dies.

If you have any incite I sure would appreciate it.

Crazyeights
**A: who is currently on title to the property?
 
**A: who is currently on title to the property?

Currently, my dad and his brother.

They have both agreed recently to add the two eldest siblings from each family. (This is the way this property has always been passed down). This has not been done yet though.

Thank You
 

Zigner

Senior Member, Non-Attorney
Currently, my dad and his brother.

They have both agreed recently to add the two eldest siblings from each family. (This is the way this property has always been passed down). This has not been done yet though.

Thank You
I'm not sure why you feel that your input is required on anything to do with the property. It's not yours. The OWNERS are still breathing...
 
Because I am one of the eldest and I will be placed on the deed soon.

My dad shares my concern but does not know what he can do about it.

He knows that my brother and I will be inheriting a mess when they are gone.

Just trying to find out what my options may be once they are gone and it is left to us four.

My dad wanted my uncle to buy him out after my grandmother passed but my uncle told him that "nobody is buying anyone out".

I would like to know if I get the same answer, if there is anything that can be done.
 
If you are referring to dividing or splitting the property, this really can't be done as there is a main house on the property. This house is the only dwelling that has running water/electric etc. It also has the most water frontage.

As it stands, there is no sharing of it now, not even with my dad. If my dad does stay there, there is no privacy as it is overrun by the cousins when they are there.

My uncle use to live there for many years before he moved closer into town. During that time, my dad would go visit but never was able to have the place so that us kids could come up. It's jsut always been their family one way or another with no regard for my dad or my dads family.
 

anteater

Senior Member
If you are referring to dividing or splitting the property, this really can't be done as there is a main house on the property.
If physical partition is not possible/practical, then the partition suit can ask that the court order the property to be sold.
 

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