New Member "Forced to Sell"

AnnMarie

Dryer sheet wannabe
Joined
Mar 28, 2008
Messages
13
Hi Everyone. You guys have a very interesting forum here. I'm looking forward to joining you. I found your board while searching for some answers.

My name is AnnMarie. I'm a 50 year old female from a small community in Alabama. 26 years ago my husband and I built on 2 acres of land on a 160 acre farm belonging to my mother in law. My children and I have always thought one day the land would be sub-divided between my husband and his siblings and we'd live here with them building here also. However, his siblings have decided they can make more money selling the land as a whole and refuse to sub-divide which will leave us and one other sibling having our land taken away and us having to live on our 2 acres among a future housing development. Granted the sell of the land would be a lot of money, but I'd rather have my land for my children to build on one day. Of course the ones wanting to sell have never wanted to live on this land and don't. Is there anything we can do? Are we just at their mercy and have to sell? I appreciate any feed back. Thanks,
AnnMarie
 
Who holds the deed on the land at this point? Do they have a legal right to evict you based on documents you signed??
 
The only real way is to buy them out if possible.......
 
The land was deeded to all children to divide equally.

I guess another thing is the lack of consideration these siblings have for what we want. I believe my mother in law thought we would always keep this land in the family, that we would divide it; however, she did not specify in the will that it couldn't be sold.

As much as I hate to see any of it go, or it to be turned into another golf community, the fair thing to me would be divide it and those that want to sell can sell. I don't understand why one would be forced to sell their share.

Thanks
 
Believe me if their was any way to buy them out I would. Don't have that kind of money and it is worth quite a bit. I keep hoping I win the lottery and can do just that, lol, but we got an offer this week and I am really upset that soon when I look out my back door I will be watching houses come up on top of me instead of seeing the beautiful green wheat field and small forest my children and I have lived with all these years. It's heart breaking to my children.
AnnMarie
 
If the will is silent on how to divide.... then your husband is a partial owner of the full 160 acres...

HE DOES NOT HAVE TO SIGN A THING... so they can not see the land without his permission...

Because of this, HE can force them to divide out your share of the 160 acres and then they can sell the rest, but then you get no money on that sell as you do not own any of it....

NO FORCED SELL at all...

But you would know this if you went to see a lawyer which is what you need to do since it looks like it is going this way...
 
I appreciate all the replies.

Yes, I need to see a lawyer. Unfortunately, I have been dealing with trying to settle my father's estate. It is only a home and few acres and my siblings and I have worked well together.

I did mention this briefly to our estate lawyer and he gave me the impression their wasn't much I could do. But then again, I think he's one of the siblings lawyer. It's really just recently become an issue. One that is causing turmoil among the "everyone".

My husband keeps telling me it's not fair to make his siblings keep their land and "What can I do". I agree they should be allowed to sell their part if they want to, so sub-divide. My husband tends to think of everyone else but me and the kids I'm afraid.

AnnMarie
 
26 years ago my husband and I built on 2 acres of land on a 160 acre farm belonging to my mother in law.

I guess this implies that you have a deed to your home and 2 acres, so there is no danger that you could be evicted. Your concern is the loss of the land around you, where you wanted your children to live.

If this is not true, you need to see RE attorney now. If ever there were a case of adverse possession, this would be one. So almost certainly you could get your deed to your own 2 acres and home.

The other question is more complicated- are you sure your kids want to live there too? Would your share of the land if it were to be subdivided be large enough to get builing permits for all your kids?

If not, it might be better to take the money from your part of the land sale, live in your own house and 2 acres, and see what you might want to do next.

If you really do want your share as land, and not as money, and the sibs are not cooperative, again, see a good attorney. There are likely a thousand ways you can create roadblocks for the sibs' plan such that they may be pleased to subdivide after all. Of course, this is likely to cost you and your husband the loss of good relations with his family. But maybe that is happening already with their uncompromising stance.

Nothing is clear once an attorney starts looking at it, so don't assume you are done for!

Ha
 
One of the parties of land owned in common

can generally sue for partition though that would still mean they could sell the rest.
 
HaHa, great user name and great "signature" and very true, lol.

I do have a clear deed to my 2 acres although that may be an issue as well. We built our house and actually lived here a couple years before it was ever surveyed and deeded. We did things backwards - built our house then married. The surveyor was suppose to place our house in the middle of the two acres but didn't do so. Anyway, in assuming (and I do know what happens when you assume as I am proof positive) that we would be sub-dividing one day, we didn't pay attention to the lines of our acreage. Actually part of our two acres has been farmed along with the other. So, when my husband built his workshop, according to the deed, he built past our property line onto the farm. This was done while my in laws were still alive. Although I continually said it should be surveyed again and deeded properly my husband felt it would be ours evidentually anyway and never bothered. I guess we shall see what happens.

I would love to buy out the other siblings but the dollar amount would be over 5 million and that is just not feasible. Not a reality in my case. My reason for needing to win the lottery, lol. There is one other brother that lives on the farm and he too does not want to sell. Of course the others don't want to sub-divide because it's a farm and in sub-dividing we'll have to pay more taxes when sold. I have given my husband one other option and that is to tell his family the only way he will sign the papers to sell is if they let us have 5 more acres around us. Or I should say take the cost of 5 acres out of our part when sold. That will probably be laughed at as they are a very jealous and greedy bunch.

One reason the land is worth so much is it is near Huntsville, Al and close to Interstate 65. They are building a new interchange a couple of miles from us and that too will increase the value of the land. I say wait until it's built and the land will be worth even more. I guess I'm just trying to delay the inevitable. The thing too is these siblings do not need the money. They are well off and doing fine financially.

I guess what it boils down to is I've lived a lifestyle for 26 years, kids for 18 and 21, that we are use to and don't want to give up. And as far as the family turmoil, that began a long time ago when they wouldn't sell the homeplace to one of the nieces. She wanted to restore the home, etc., but they said no. Instead they rented it out and it's gone to pot. Very sad.

Oh my, I've gone on and on. Needless to say, I will be obtaining a lawyer come Monday and I do feel better knowing I may have some options. And other option for hubby - I get half of everything and I move out alone!!!!!

Thanks for listening,
AnnMarie
 
Most states have a process by which you can file suit to partition the property. That, too, would be expensive and may not give you your desired outcome. But if you are a fee holder of the property, they can't force you to sell without your consent.
 
I do not see how many siblings are in this mess.... can you say:confused:

Let's just say '6' for some reason... then your husband is a 1/6th owner in the land (and if you state is like my state, you own NOTHING as inheritance is separate property)...

This ownership is an 'undivided' ownership... and the other '5' owners can not sell without the last one... it can not happen... my dad was a RE agent and hated when there were many owners because you had to have every one of them sign or the deal did not go through...

SO, as I said, your husband must dig in his heals and be the 'prick' to the rest of the family UNTIL they agree to give him his 26 or whatever acres... and the YOU draw the lines like YOU like them....


And if you are a real prick... NEVER SIGN... EVER.... they can not sell the 160 acres at all.... even though they own most of it.... but then, they will take YOU to court and then you can do your subdivision and they sell their land and you live on yours...


As an aside.. is the other sibling close enough to you that you two can 'combine' your land together and at least have a larger part instead of two smaller ones on the opposite side of the future development?

Don't give away the FARM!!!!
 
There are 6 siblings. My husband and one brother live on the farm. All were given the same opportunity as we were to live here. One sister got her 2 acres, built, then sold the house and one acre and moved into a condo. My mother in law was a wonderful woman and would never openly criticize her children but she was hurt. On top of it all, she sold the land while mother was very sick and then criticized us if she felt we were not at mother's house everyday.

My husband and the one brother, myself, and my sister in law have always taken care of everything for her. My husband farmed the land for 2 years (after a full time job) without ever putting a penny in his pocket and the shop expenses being paid by us. We did this to help her and never expected anything. Up until last year my husband and brother in law farmed the land and paid the others rent. My nephew farms it now.

The oldest brother - the executor of the estate - has always been laid back about it but the pressure from his sisters I think is getting the best of him.

The oldest sister that built and moved is a very selfish and greedy person. Of course she has more money than she'll ever know what to do with, but doesn't want anyone else to have something she doesn't.

One sister has always been jealous of my brother in law that lives here. The only reason I can think of is his kids kept her yard, worked hard, and spent more time with grandmother than any of the others. That niece wanted to buy the home place, even offered to put something in writing she'd never sell, but it wasn't good enough. If anyone deserved the house she did. And whatever older sister wants is right by her.

The last sister is a loving woman, retired, grandmother, and they live on her husbands family farm and sure don't need the money. Her son is the one farming our land now. But again, what the other sister wants she supports. She offered to take the home place after mother's death as her part and sell to our niece but since older sister didn't like it, it wasn't done.

Unfortunately, we made two of the sisters very mad when in 1998, with the blessing of mother, my husband and brother in law built a couple of pullet houses. Of course, trying to be considerate of everyone we built them next to brother in law at the very end of the farm. We built a burm around it, planted trees and shrubs, and you can't even tell what it is from the road and can barely see them from my house. Now these are breeder birds we are contracted to raise, and it's such a high tech facility that we have to shower before we go in and even dust the feed room. We went into debt $450,000.00 to build them. Thankfully they are paid for now and it must not be too unsightly as they built several houses across the road from them. I want say what the older sister said she'd rather see here instead of the pullet houses. I've tried to tell her it's a farm. All she see's are dollar signs. Now I wish I had of built them behind my house in the middle of the farm.

We watched our children grow up here. I watched my children as they walked thru the field to grandmother's. And later road their dirt bike just to be with this precious woman. She loved this place. Even as sick as she was before dying she'd have us sit her on the porch so she could look out at what all her hard work had accomplished.

My children have always talked about building here and how they'd build a shop in between their homes (we tractor pull - their time now), or a barn for horses when they married. I have invisioned my grandchildren walking to my house as they did their grandmother's. Again, we always assumed their would be no problem. It just goes to show you need to make sure everything is taken care of and clarified before someone dies.

I know business is business. I would understand more so if they were hard up for cash. Maybe, lol. Shoot, my family needs the money more so than anyone, yet I don't want to sell. I don't understand a family that can turn their back on something that was so precious to their mother. I don't understand a family that doesn't consider each other. And, as I said, the farm will be worth much more in a few years.

As I said earlier I'm begging for at least 5 acres to be left but they will be afraid we'll sell it and make more on it than them. And to be honest, I don't know if I could live here and watch the destruction of such a lovely place. I can look out at this minute and see the deer come out from the woods to graze. All I see out my back door is a green field surrounded by trees. It's beautiful. We've never shut our blinds, lol. Can you imagine looking out and seeing bulldozers, and builders, and houses going up after all these years? Sickening. What's happened to family? To the pride of having something passed down from generation to generation. Has greed taken over our country or is it just this family?
 
I guess what it boils down to is I've lived a lifestyle for 26 years, kids for 18 and 21, that we are use to and don't want to give up.

And other option for hubby - I get half of everything and I move out alone!!!!!

Thanks for listening,
AnnMarie

That sounds mighty drastic. You will actually divorce your husband of 20+ years of marriage if you don't get your way? That is hard core.

His mother left the property (other than the 2 acres earmarked for your husband and you) to your husband and his brothers and sisters. His siblings also have their rights to their share of the property. Even if they would desire to sell their portion.

IMO your husband and his siblings should determine how many acres each sibling is entitled to. Then your husband and you incorporate that amount of land with his original 2 acres.

Your husband and you have enjoyed the use of farm for 26 years. Now the other siblings should have their turn.

Just because you MAY have a legal right to be a burr underneath someones saddle, does not mean you have the moral right to do so. You should be willing to negotiate in good faith.
 
I think I either was not clear or you misunderstood what I was saying.

The other siblings have ALWAYS had the opportunity to enjoy this farm. Build here and play here.

And I would never begrudge anyone of their part of anything. WE HAVE TRIED to give them their part and let them do what they want with theirs. Just let us have ours and leave us alone. However, it won't bring as much money and they will have to pay more taxes on it if it is sub-divided, or so they've told me. Therefore, they would rather us sacrifice our part for a few more dollars. One brother tried 6 different times to draw up something the sisters would be satisfied with in the way of sub-dividing. Including us taking the least desirable acreage. And as I said, one built here but sold. I don't believe I am being selfish at all.

And as far as the husband thing. That is a different story all together and a long one at that. The land is only a small part of it. The short version is I had hoped since the kids have grown and it was to be just the two of us, we could live here and maybe rebuild our relationship.

So I am sorry I sounded so hard core and made such a bad impression. Believe me I am far from it, except when it comes to my kids maybe.

AnnMarie
 
Believe me if their was any way to buy them out I would. Don't have that kind of money and it is worth quite a bit. I keep hoping I win the lottery and can do just that, lol, but we got an offer this week and I am really upset that soon when I look out my back door I will be watching houses come up on top of me instead of seeing the beautiful green wheat field and small forest my children and I have lived with all these years. It's heart breaking to my children.
AnnMarie

If they were willed the land it is theirs to do with. Obviously your husband can get his share though.
 
I don't understand why you guys care about how much more money they would have to pay in taxes, unless your husband is seriously trying to keep the peace. If your husband is entitled to 160/6, then he should feel no less entitled to that than he feels obligated to do what the other 5 want, right?
 
That may be part of the problem. He's more concerned with keeping the peace with the siblings than with his wife and kids. Yet, I have to push him to go to the few family holiday gatherings we have. Who knows. It's ironic now when I think of when we were first married, or I was first pregnant, no deed to the land, no life insurance and he'd tell me "not a problem". If anything ever happened to him his family would take care of me and the kids, lol. Guess it's a good thing I didn't buy into that one.

Everyone knows how my brother in law and his wife and I feel, but my husband won't say much of anything to them about it one way or the other. I can't discuss it right now with my husband or we fight about it. I can't discuss it with my sister in law that wants to keep hers too or I get mad and it ruins my day. And when the kids bring it up we all end up in tears and I get upset then too because of them, so..................... thanks for letting me vent and thanks for the feed back.

AnnMarie
 
AnnMarie..

You posted some different facts than you did earlier..... is the land in the estate or was it willed equally to all:confused:

If she did not specifically will LAND to her children, then it is an asset of the estate and the estate can sell it without your husbands consent... because IT IS NOT HIS..... he is entitled to distributions from the estate, but can not control assets of the estate that do not have specific instructions...

So, the executor might be in control of what happens to the land and you will have to live with the decision... but still get your 1/6th of the proceeds (or should I say your DH will get)....

GET YOUR LAWYER NOW.... it makes a big difference how the will was written...

And I am not a lawyer, so take all this with a grain of salt....
 
Annmarie,

i'm a surveyor in Illinois which is probably a lot different than Alabama. But without knowing the whole picture, i agree with Texas Proud - dont sign anything.

There are a lot of issues here.

How the title of the farm is held
The workshop encroachment
several parties that appear to some interest/title to the farm
terms of the will
tax ramifications

I havent seen anything in this thread that shows that your inlaws can force you to sell your 2 acres - if you're sure it has been deeded to you and your husband.

Get yourself a good real estate attorney. Explain everything. The lawyer should be able to give you some sound advice.
 
I guess I don't fully understand. Are you saying the will has to specify land specifically, separate than other assets? I will have to read the will again, but I don't think it specified any one particular thing. Just that everything was to be divided equally among the children.

I'll read it again and get back with you, but you are correct in the fact I do need a lawyer and unfortunately I don't think I can use the one I'm dealing with now in settling my father's estate.

In my father's case he willed all his assets to be divided equally among his 3 children and the only difference (I think, sorry) is that one of the sons gets the first option to buy. In this case we are working hard, and taking a financial loss, in order to help this brother purchase the property.

I really appreciate everything. Thanks

AnnMarie
 
Again.... I am not an attorney and your state can be different than mine....

Most of what I know... is that most wills say "I leave X to Sam, Y to Jane etc..."... and the REMAINDER of my estate to be equally divided between all my children (or something like that)....

The problem is how does your state define remainder.... I think in Texas, the executor has FULL CONTROL to do as he wishes with the assets including selling everything... because the will does not say to distribute my land to the children, but the remainder... and the remainder can be cash after the sale....

Now, some might require the real estate to be distributed in whole, but that is a question for your lawyer... but I bet that the language might not be in your favor.... but a threat of a lawsuit can usually get others in line with what you want.. as long as YOU are willing to cough up the money for the fight....

But I would make a big stink that I want the LAND... and it will be subdivided and I will get my 26+ acres.... and you can do as you wish with the other land... then draw a big box around your house and say here is what I want... but, be fair about it also...
 
But I would make a big stink that I want the LAND... and it will be subdivided and I will get my 26+ acres.... and you can do as you wish with the other land... then draw a big box around your house and say here is what I want... but, be fair about it also...

You likely don't want to risk a divorce over this. But if you can handle your husband, I would pay zero attention to any advice here that says "It is their land too, and they can whatever they want, blah blah.

This is no time for guessing what is do-able, or honorable or whatever. Everything looks different depending on where you are looking from.

Like TX Proud says, at this point, what counts is that you consult with a quality, agressive RE lawyer who has no conflicts of interest. People might be tough until you shove back on them, then sometimes not so tough after all.

Ha
 
Last edited:
Texas Proud,

I really appreciate you trying to help me and offering your thoughts and feedback. I especially appreciate being able to get my feelings and thoughts out there. Have I driven you crazy with trying to figure all this mess out? I am now second guessing the exact wording of the will but will get it and read it again. I know I've probably gotten you curious now as well and will let you know what it says.

You may have a point about it needing to be worded a certain way to protect the land from being sold because I do know of one family that auctioned theirs off many years ago. They had some of the best river front property and farm land around but rumors were that one brother wanted to sell and the other didn't. I honestly don't know YET how it works.

I am going to investigate our laws further and find a lawyer from another part of Alabama as it seems here everyone is related, knows each other or has some kind of connection. Actually one of my nephews is a lawyer here so I'm sure he's "helping out" his mom. One of the sister's husband was a County Commision Chairman and has way too many contacts. I want an unbias assesment of where I stand from an unbiased lawyer.

You would think my nephews would want to build out here and press the issue to keep it and make it their home, but instead they have bought high priced smaller homes in our newest golf community subdivision and paid more for the tiny lot than they did for their house. I guess it's a prestige thing. We made a 4-wheeler/golf cart path thru our woods behind the house that ends up on the 6th hole of this same golf course. So it isn't like they wanted to live across town, lol. I don't get it.

I do know that my mother in law believed we would divide the land up equally as she use to talk to my daughter about her living here all grown up and married, children of her own. I also know she thought my niece would one day have her home. But as you've said, if the will wasn't worded correctly I may very well be in a bind. Also, when my father in law died and my mother in law had her will updated, it was the oldest sister that offered to take her to do it. Hind site........... She was an account executive for NASA and I'm sure she knew what she was doing. Hopefully not, but probably. My husband says we should have had mother deed ours to us before she died so therefore we just have to live with it. I am at loss with his attitude about all of this. As to what his kids would like or think, he could care less.

I've been such an idiot all these years thinking family was everything and looked out for one another, but I learned very quickly after her death most are out for themselves and everyone else be damned. (Can I say that here?) I guess that's why that sister has been married 4 times and has the big bucks, lol.

I honestly thought I had more time (big mistake waiting and hoping nothing would happen) because of the Interstate Exchange and it increasing the value of the property. I figured she would want to hold out for more money. She wouldn't even consider an earlier offer that was $5,000 less an acre. Why sell now when you could get more later. Why sell now when the market is so soft? And I do know we are the only ones that need the money. The only ones with kids still in college, etc.
All the others are set. I hate it, but I do feel like they don't like the fact we are here even though they've chosen not to be.

Even if there were no family ties to the land, there is still the fact that we have the perfect situation here and there is no way we could find anything anywhere else to equal it. We are annexed into the city limits, close enough to town and only 20 minutes from Huntsville, yet we have a country atmosphere. Granted on the west side (my front yard) I can hear and at certain points see the Interstate. What once was a road for the casual passerby is now a major traffic area for NASA and TVA employees.
But on the east side I can lay at night and listen to the coyotes. We have the woods, creek, beautiful fields, and all kinds of wild life. You can be stressed, get on an atv and go for a ride and all is good or you can drive 20 minutes and take in the theatre and a great dinner. The best of both worlds. There is no way we could replace what we have here and the convenience - unless we spent all the money we made from selling what we have now.

My husband says we could take the money and go to Tennessee and buy even more land. I've told him I am alone most of the time now and I sure don't want to go somewhere to live where I'm even more alone, and further away from everything. Another story for another time, lol.

I did notice you stressing the point of not signing anything and to keep the land. You seem to understand the importance of keeping it and I imagine for many reasons. I do hate the one guy said I was hard core. If anything I've been the opposite until now but I guess my remark about leaving sounded rather callous but there is much more to the story. And all I want is what is fair and right. Nothing more and certainly nothing less. It seems as time goes by our rights and what we can do with what belongs to us is always in someone else's hands.

I'll get back with you on the wording of the will. Again, thanks for listening and for your suggestions

AnnMarie
 
HaHa, I just love that user name, lol.

Yeah, the remarks about it being their land too bothered me somewhat because I never said or felt otherwise. Just that I wanted to keep our part and they could do what they want with theirs. But no matter how we approach it it's like they think we are getting a better deal. So, as you can see, it's hard to feel they care about being fair. I said I would love to win the lottery and buy it all myself. Know any tricks to winning the lottery? lol.

I also appreciate your words of wisdom and the comments of all the others. I will be seeking out a lawyer the first of the week. As far as my husband goes, in all honesty, the issue with the land is just the tip of the iceberg. The straw that broke the camel's back, etc., if you get my drift.

Thanks
AnnMarie
 
Back
Top Bottom