Re: sibling rivalry
First off, you're looking for freebie legal advice and that ain't happening here. You need to actually speak with and -- gasp! -- pay an attorney for this. But I'll give you a lil quick research so that you know what to ask.
daroberts56 wrote:3 siblings given legal ownership of real property(land and home) upon the death of parents. One sibling owner by oral agreement with others is doing all remodel and restoration (labor and materials).
Oral agreements are bad, bad, bad as ehBeth said. Always foolish to do business this way. However, there can be some proof of value shown with things like receipts for materials.
Quote:Now involved in dispute with other two about % of monies due and compensation for monies and labor spent.
Can a one/ third owner put on lien on the value of home before it was (worked on) and value (at time of sale)
Now involved in a dispute -- no surprise there. Can the lien be put on? I don't know, this is getting into the legal advice area. Someone will have to do research on this question and that's where an attorney's expertise comes in.
Quote:Written notice by Realtor, pictures and receipts as evidence.
Notice by realtor probably doesn't mean much. Pictures of what? Of the property before the improvements? Of the work being done? Of the smiling contractor's face? These are nice but aren't a replacement for an actual written agreement. Like I said before, receipts are helpful but they go to materials and not to labor.
Quote:Is there any way to be compensated fairly for all work and monies provided by just one of the three legal owners?
(husband of this one/third owner is a subcontractor in a field of construction) could a mechanics lien be filed?
One way to be compensated is to use the work as a buyout of one or both of the other siblings (would probably be better in the long run). But a contract for sale of real property has to be in writing (Statute of Frauds).
As for a
mechanic's lien, it appears to be something used more for foreclosures but again this is where you actually sit down and talk to a lawyer.
Quote:Any advice helpful.
Home is in NC
My advice is unsurprising -- find an attorney who specializes in real property. Like I said before, doing a buyout is probably going to end up being the best thing all around but I would not broach that and would instead let the lawyer do it. Otherwise, you're courting bad feelings.
And, next time any sort of substantial work is to be done in any way, for anyone at any time, put it in writing.