Real property left to Tom and/or Susan but deed says Tom 1/2, Susan 1/2?

Question

What recourse do I have?

Answer 1

This is also called tenants in common, meaning each party has equal interest in the property. There is no right of surviorship, so waiting for Tom to expire won't get you the other half. Your recourse is to purchase the other parties interest in the property or sell.

Answer 2

Hello Susan!

You have three (3) options:

1. Sell your 1/2 interest to Tom;

2. Buy Tom's 1/2 interest, or

3. You and Tom can be co-owners of the property, each of you with 1/2 interest.

Unless the deed specifically states, the "1/2" contained in the deed CANNOT mean a definite or specific portion of the property. The "1/2" merely refers to the interest or value in the property. In other words, you cannot slice the property in half then draw lots to see who gets to pick his/her half first.

Answer 3

If Tom and/or Susan are married, that is one thing.
If Tom and/or Susan are siblings, different picture.
If Tom and/or Susan is a pre-op/post op same thing,it is thiers.
Talk to the attorney that wrote it or the executors.

Answer 4

I agree with DJ Lex