Can siblings force the sale of inherited property? Yes, generally such property qualifies for a partition action. However, do not simply assume. Educate yourself, with this detailed overview of forced sale and partition actions. WHY WOULD SIBLINGS FORCE A SALE? When… Read More »CAN SIBLINGS FORCE THE SALE OF INHERITED PROPERTY?
Ryan Jones, Attorney
A partition action forces the sale of jointly owned property and divides the sale proceeds. Less commonly, a partition divides the property itself, such that each co-owner receives a fractional piece. This often results from inherited property, divorced spouses, or… Read More »WHAT IS A PARTITION ACTION? (PARTITION LAWSUITS EXPLAINED)
When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit. If you are dealing with joint ownership property, this guide explains the… Read More »Forced Sale of Jointly Owned Property (Partition Action)
8-12 weeks is a typical quiet title time frame. However, do not assume that your quiet title is a typical one! There may be other factors at play. To accurately estimate your unique quiet title time frame, you must be aware of… Read More »QUIET TITLE TIME FRAME: HOW LONG DOES IT TAKE?
The last thing you need is an overpaid and ineffective quiet title attorney. You want an attorney who specializes in solving your unique problem and does not overcharge you for doing so. This article provides the most important considerations to… Read More »Before hiring a quiet title attorney, read this.
IF YOU OWN YOUR PERSONAL RESIDENCE IN AN LLC, ARE YOU SUBJECT TO CAPITAL GAINS TAX? For privacy and liability reasons, some homeowners hold title to a personal residence in the name of a limited liability company (LLC). Generally, this… Read More »PERSONAL RESIDENCE IN AN LLC – IMPACT ON CAPITAL GAINS TAX
Yes, but only in certain circumstances. In most states, the winning party in a quiet title action can potentially recover attorney fees if the losing party wrongfully failed to correct the issue prior to the lawsuit. To determine whether you qualify, review the recovery options… Read More »Can I Recover Attorney Fees in a Quiet Title Lawsuit?
The cost of a quiet title action ranges from $1,500 to $5,000 for an uncontested lawsuit. Contested (or litigated) quiet title actions can cost much more. Cost mainly depends on the complexity of the title issue and whether the action is opposed. Complex… Read More »How Much Does a Quiet Title Action Cost?
You just learned that your rental or investment property burned down. What are your legal rights? What are your risks? Can you collect on your insurance policy? Will the tenant sue you? I cannot answer all these questions at once,… Read More »WHEN A RENTAL PROPERTY BURNS DOWN: INSURANCE, LIABILITY, AND LEGAL RIGHTS
A quiet title action is a legal proceeding used to confirm or clarify the ownership of real estate. A quiet title suit can settle a dispute over who owns real property. It can also fix a technical error in the… Read More »What is a Quiet Title Action? (Explained by a Real Estate Attorney)