What to do regarding a dispute over co-owned property?
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What to do regarding a dispute over co-owned property?
I own a classic car with another person. That person has denied me access to the car and has locked it in their garage and restricted me access. His only solution to fixing our dispute he only wants me to drive it 1000 miles every year and I want to use it more is to buy me out below market value. I have suggested we put the car on the market and obtain a fair price for it however, he will not agree to that. I think that I’m going to have to file a lawsuit
Asked on January 7, 2019 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) You are correct; if you and he cannot work this out voluntarily, your only recourse would be a lawsuit seeking a court order requiring that the car be sold for fair market value and the proceeds split.
2) You will not get legal fees: in the U.S., under what is called the "American Rule", each party has to pay its own legal fees, even if the other side is being unreasonable, unless there is an agreement or contract that in the event of a dispute, the loser pays the winner's legal fees.
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