My sister has been unable to decide on her share for two years now: she is ready to invest in restoring the house, then she thinks that it is not worth it, then she is ready to give me her share for a certain amount, then she changes her mind once more…
In general, she neither lets me do anything, nor does she do anything herself. The house is seriously deteriorating during this time, and I have a buyer for this house. But he needs both shares, he does not agree to half.
Are there any legal methods to force her to decide whether to start investing in her grandmother’s house or to finally sell her share? bb.lv reader»
Lawyer Alevtyna Hryhorenko answers:
– Ownership of property is, figuratively speaking, a two-way street. On the one hand, the right of ownership is the right of the owner to use his property without hindrance.
On the other hand, this imposes certain obligations on the owner – to take care of his property and maintain it in proper order.
These obligations also apply to situations where some property (in this case, real estate) is owned by more than one co-owner. If the actions or inactions of one of the co-owners cause harm to the other co-owners and/or the common property, if the co-owner does not fulfill his obligations, then the others must act in accordance with the norms of the law.
If verbal complaints have not yet led to the desired result, the next step may be a written proposal to the co-owner to somehow resolve the issue. If this does not produce the desired effect, a lawsuit can be filed to terminate the joint ownership.
Article 1074 (Part 1) of the Civil Law provides that each co-owner may at any time demand the division of property in joint ownership, and none of the co-owners may be forced to remain in joint ownership unless there are good reasons for doing so.
There are other options for resolving the issue – for example, transferring all or part of the property to one or more co-owners with the condition of monetary compensation, or a request to sell all real estate with the subsequent division of the proceeds from the sale between the co-owners in proportion to their shares in the property they owned.
Important point: in each such situation, details are important, so before you start doing anything, it is advisable to analyze all the nuances with a specialist. It is also important to understand that any dispute in court lasts quite a long time, and since the results are far from always satisfactory to either one or the other party, this prolongs the trial, and also leads to unnecessary waste of time, effort and money. Therefore, the best option is to try to reach an agreement, and if that does not work, to try to resolve the issue at least at the pre-trial settlement level.
#Sistercoowner #real #estate
2024-07-09 10:26:34
