Q: My grandmother's will left property to her 2 children. There was a large mortgage on the property. My son paid it off.
My son is now joint owner with uncle. Since my son paid off the debt to keep it from being lost 90,000 dollars does he have any legal rights outside of just being owner.
A: Before the statute of limitations expires, he should issue a proper demand and then, if needed, file a lawsuit for contribution from the other co-owner. It's an easy lawsuit, and it expires when the statute of limitations expires. The payment of the debt does not change the percentage ownership of the property, but there is a right of contribution ... if it is timely exercised. The settlement may result in him getting a bigger share of the property or selling the property to pay off his contribution.
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.
