What are my legal rights. I am 1/2 owner of property and want to cash out.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my legal rights. I am 1/2 owner of property and want to cash out.

My partner and i bought land together to run a business, we had a falling out some 20 years ago, I walked away from the business because of his dishonesty. He has used the property since, I have not paid any property taxes in like 15 years, he has. Am I still entitled to 1/2 of the worth of the land and structures that were part of the original business, he owns 5 acres adjacent to business land.

Asked on September 22, 2017 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If and when the land is sold, as a half owner, you are entitled to 1/2 the equity (if any; i.e. what is left after paying any mortgage, etc.) after paying the costs of sale. However, there are several hitches to bear in mind:
1) First, you can't make him buy you out unless you had a buy-out agreement in place. Otherwise, as stated, you'd only get any money after the property is sold.
2) If he will not agree to sell, there is a type of legal action (traditionally called an action "for partition") you can bring to force him to sell the property, but such an action would be very difficult for a non-attorney to bring, and if you hired a lawyer, expect that it could (at a reasonable guess) cost $5,000 - $10,000 for attorney's fees and take months or even a year or two.
3) If he has paid the property taxes, there is a reasonable chance the court would give him a credit for the taxes he, and not you, paid.
Therefore, for example, say the property is worth $200k but over the last 15 years, the property taxes he paid have been $90,000. Say you spend $8,000 on the legal action to force a sale, and the realtor commission is 5%; say there are another $5k of costs involved in selling (fixing anything up, hiring a lawyer for the close, etc.). In this example, you'd take the $10k in commissions and $5k in costs off the top, leaving $185k; he'd get his $90k reimbursement for taxes, leaving $95k; that $95k would be split, so you'd get around $47,500, out of which you paid $8k for an attorney, leaving $39,500.
Obviously, this is just for the sake of illustration, but as you can see, if the land's value is low, or your former partner paid lots of taxes, or there is a mortgage (not even considered in the above), you might not get much; you need to decide if this is worthwhile.
Of course, he might settle the matter by voluntarily buying you out--if you and he agree to that, it is legal. But you can't force a buyout; all you can force is a sale.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption