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Updated about 6 years ago on . Most recent reply

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Colin O'Neill
  • Lowell, MA
14
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Convoluted situation- I'm hoping someone can give direction

Colin O'Neill
  • Lowell, MA
Posted

Hey Biggerpockets,

I'm hoping someone can give me guidance. Complicated situation, here goes...

My wife and I bought a duplex with my in-laws 21 years ago. MIL passed after battling cancer in 2005. FIL got remarried in 2009, died after only 8 months of marriage. No will. Bitter woman. After probate, she now owns 1/4, my wife and I own 3/4. She will not move. She claims poor-mouth and only pays half of the 1st mortgage every month. We had to move into a bigger place to accommodate my aging mother, so now dealing with a big mortgage on the new house, 1/2 of small mortgage plus interest-only HELOC. Her side of duplex needs new A/C condenser. Side we are renting out needs new furnace and WH any minute. No reserves, no wiggle room. House has around $170k in equity. Any thoughts on maybe seeking a private buyer? Is there any way of selling only our 3/4 share? Any thoughts would be appreciated.

Thanks!

Colin

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Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
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Jay Hinrichs
#1 All Forums Contributor
  • Real Estate Consultant
  • Summerlin, NV
Replied
Originally posted by @Mike McCarthy:

@Colin O'Neill I've never heard of owning 1/4 a house. 1/4 an estate, of course. Is it an LLC? Or how is the deed worded?

I’d imagine you’d need to buy her out. I’m not sure you can sell a part of a house. ???

its called "tenants in Common"  

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JLH Capital Partners

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