Jackson, MI asked in Real Estate Law for Michigan

Q: Can I find out when someone actually vacated a house I own half of?

I was quit claim deeded 1/2 a house/land when my step dad died. He also made provision for his gf to live there one year after he died. The house is now vacant but I believe she moved out long ago and my 1/2 sister, the other owner chose not to have her attorney notify mine that the house was vacated. Is this legal? I want to sell and get out of my 1/2 and this could have been done months ago if I had known.

Related Topics:
2 Lawyer Answers
David Soble
David Soble
PREMIUM
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: If you have a half interest in a home as tenants in common with another owner, you can sell your interest without the other owner's permission. You can also file a partition action that requests that the court to order that the home be sold and the sales proceeds, split in accordance with your legal interest.

See more information at www.ProvenResource.com

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Howell, MI
  • Licensed in Michigan

A: It matters not when the vacation actually happened. If she is now out, you can sell your interest. Frankly you could have sold your interest at any time, but selling a 'half interest' in a house is not exactly easy. The only 'easy' sale would be to the other half owner, and it sounds like you may have some tension there.

I'd urge you to consult with a lawyer of your own and get this process started. I would also urge you to work with the other half owner to resolve this as court proceedings are expensive and not horribly satisfactory in the long run. Get local legal help ASAP.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.