Monday, August 20, 2007

BUT DAMN #236 REAL ESTATE: SUMMER HOME BLUES


It was a good idea at the time. Purchase a summer home with relatives. Now my cousins are fighting. One is threatening a lawsuit, forcing all of us to sell.

But Damn! ...I love the place.

Can I block this "Partition" law suit, forcing the sale?

People are making a lot of rash decisions because of the current financial status of the country. Little arguments are escalating to "Code Red" because money is stretched and fear reigns. The stress of the world, rat race of the city and personal baggage has ascended on your piece of heaven. And it really only takes one monkey to stop your vacation show.

Partition is a common law tradition allowing a property sale when one of the owners wants to sell and other owners don't want to.

"Majority rule" does not apply in a partition law suit. It is up to a judge to decide. I've seen a judge give co-owners 30 days to resolve their differences or a sale of the property will be ordered, with the proceeds divided among the co-owners. In the end a majority can not block a partition suit. You are going to need a real estate attorney where the property is located.

The home could be appraised, shares divided up and then this wayward cousin could be bought out. You might also offer your cousin the services of a good psychologist. He obviously has issues and the money from this sale will not solve them. If all else fails, go back to basics and enlist the professional services (for several occasions) of someone you might see on a street corner or in a hotel lobby. It's legal in Vegas! Your cousin needs to relax, isn't that why he bought in on the summer home in the first place?

Nod to Bob Russ