Q: Can I build a home on land that I am not on the deed of?
My wife and her ex-husband are the current deed holders but my wife and I are considering building a home on the same property. Can we do so without having his written permission? He no longer lives there and has not for the past six years nor does he pay the mortgage.
A:
He should wait for you to finish building. If the building detracts from the property, he can sue for damages or an order that you pay to demolish it. If it adds value, he should petition for sale in lieu of partition and split the proceeds with you. You might get the costs of your construction credited in the sale, but probably not the improved value of the land.
Have you considered resolving title before the investment?
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