Need help, house may be given away?

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Howard

Lifer
Oct 14, 1999
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Here's the story:

Someone I know ("Person") has moved out of their parents' place for a while. Person's grandparents (on dad's side) were living with the family in this house until they died.

Person's father: very religious
Person's mother: not very religious
Person's grandfather (father's side): not very religious
Person's grandmother (father's side): religious to the max

This house was, and is, used as a house of worship. Outsiders go to do their business there.

The parents and grandparents apparently had joint ownership of this house, 25% each. Everyone paid in to the mortgage, I assume roughly equally, except the grandmother who paid nothing. The house is now paid off.

When the grandfather died, his share went to the grandmother. When the grandmother died, her share (now 50%) was donated to the religious association which was using this residence as a house of worship.

Getting closer to current events: the father is about to donate his 25% to the association, giving them 75%, while the only share retained by the family is the 25% of the mother's.

Person (actually, their mother), would like to be bought out by the association. If the association does not buy out their share, I believe it would mean that the 25% share retained by the mother is effectively worthless.

Is there anything that Person or Person's mother can do to encourage the association to buy out their share, or to convince the father not to give up his 25%? Obviously not all the internal workings of this family are smooth; some questionable tactics may be deemed acceptable for this matter.

The value of the property is likely close to a million. It is located in the City of Toronto proper.
 

Ns1

No Lifer
Jun 17, 2001
55,420
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Can't she take her 25% of the house and cover it with goatse?
 

CZroe

Lifer
Jun 24, 2001
24,195
857
126
Get a loan and offer to buy that 25% before it goes to the association then offer to buy their share?
 

chowderhead

Platinum Member
Dec 7, 1999
2,633
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The wife should tell her husband she is concerned the association may throw her out on the street if he passes before she does. She should try to get her husband and the association to sign a right of survivorship agreement allowing her to stay before he donates. Where else is she going to live if she sells her stake? This could be used later as leverage to get them to buy her 25%.
 
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fralexandr

Platinum Member
Apr 26, 2007
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IANAL
What type of ownership is specified on the deed?
When properties are owned by more than 1 person there's usually 2 options
Some places default to Joint Tenancy between married couples, and some places default to Tenancy in Commons. It can be specified on the deed which one it is.

Joint Tenancy: the survivors are automatically given the deceased's portion of property. The deceased/individuals cannot normally give away their portion of the property. Usually this requires consent from all members to break the joint tenancy.
http://en.wikipedia.org/wiki/Concurrent_estate#Joint_tenancy

or Tenancy in Commons, where each of them have shares that can be given/willed away.
http://en.wikipedia.org/wiki/Concurrent_estate#Tenancy_in_common

http://homeguides.sfgate.com/joint-tenancy-rights-survivorship-vs-tenants-common-57739.html

You/They should probably be talking to a Real Estate Lawyer?
 
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SSSnail

Lifer
Nov 29, 2006
17,458
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Just retards all around. Sorry, that's all I have to contribute to this situation. LoL@ donating to complete strangers without regards for your loved ones.
 

spacejamz

Lifer
Mar 31, 2003
10,971
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another vote to talk to a real estate lawyer who can confirm what the deed states...
 

Howard

Lifer
Oct 14, 1999
47,982
11
81
The wife should tell her husband she is concerned the association may throw her out on the street if he passes before she does. She should try to get her husband and the association to sign a right of survivorship agreement allowing her to stay before he donates. Where else is she going to live if she sells her stake? This could be used later as leverage to get them to buy her 25%.
The mother won't get thrown out. In fact the association prefers having someone live there to help with the upkeep of the worship stuff.
 

PowerEngineer

Diamond Member
Oct 22, 2001
3,606
786
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The mother needs to see an attorney immediately to learn what her rights are. She might be able to prevent her husband from giving away his 25% interest in the property using an argument around shared ownership of marital assets (or some such). If that fails, she might still have the right to force a sale of the property in order to collect her 25% interest. You might also want to check out who has been paying the property taxes and the basis upon which those taxes are based; it wouldn't be good news if it has been tax exempt as a religious facility.
 

jagec

Lifer
Apr 30, 2004
24,442
6
81
IANAL
What type of ownership is specified on the deed?
...
You/They should probably be talking to a Real Estate Lawyer?

This. It doesn't matter what kind of informal arrangement they had if there isn't a paper trail. Check the deed, talk to a lawyer if necessary.
 

bradley

Diamond Member
Jan 9, 2000
3,671
2
81
Just retards all around. Sorry, that's all I have to contribute to this situation. LoL@ donating to complete strangers without regards for your loved ones.

Agreed. Usually these situations bring out greed, but rarely the potential for such stupidity. Someone needs to remind the gentleman that charity begins at home.

Unfortunately no lawyer will take an estate case pro bono. Though an attorney does need to be hired asap. I personally would get as many free consultations as possible, as this case is unusual with many different angles. Then hopefully one good attorney can be narrowed down based on rate and experience.
 
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