Camden, TN asked in Landlord - Tenant, Estate Planning and Probate for Tennessee

Q: shut out of property that is co-owned, under joint tenants with right of survivorship fall under unlawful ouster law

after death of parent, my brother, who was an equal owner, under joint tenants with right of survivorship has refused to provide access or keys to the property, which has been co-owned since April, 1994. He is now attempting to make me pay for expenses for that property.

1 Lawyer Answer
Anthony M. Avery
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  • Landlord Tenant Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: If in fact you are a joint tenant with your brother, then you may wish to help pay for the taxes, insurance, etc. Somebody has to, or the Trustee will sell it for taxes. You may wish to hire an attorney to file a Petition in Chancery for a Sale for Partition. Also you two could buy each other out and convey by Deed to an individual owner. The Title should be searched, along with checking the Taxes, now.

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