To avoid uncapping for future taxpayers, owners should consider transferring their interest into a commonly controlled entity, joint ownership, or transferring their interest into a trust.
Understanding Partition Lawsuits in Michigan: A partition lawsuit is a legal action used to resolve disputes between co-owners of real property. It seeks a court-ordered division or sale of the property to ensure each co-owner receives their fair share.
No owner can sell or transfer their interest in the property without the consent of the other joint tenants.
Rule 1.7 - Conflict of Interest: General Rule (a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless: (1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and (2) each client ...
As joint tenants, two or more people share ownership of the property, each with an undivided equal interest. Unlike tenants in common, there is a right of survivorship for the other co-owners upon the death of another. This allows the property to be transferred outside of probate upon the death of a co-owner.
Meanwhile, MRPC 3.3 provides that a lawyer must not knowingly make a false statement of material fact or law to a tribunal or fail to disclose controlling authority or offer evidence known to be false.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
Sure; so for clarity, whether the property is co-owned or not, so long as YOU are on the deed, a lien is possible.
A home inspection contingency is one of the most often waived conditions. This is because details of the home's condition may already be publicly available or accessible through the seller. Waiving a home inspection also doesn't impact their ability to get financing.