|
Sounds to me that person A has one hell of a case and everyone who has suggested a sit down with the guy with the law degree's hanging on the wall is an appointment definitely worth making.
If it is undeveloped land that neither party A or B reside jointly at (and if B was selling fill dirt it doesn't sound like it is), it should make things simpler. Baddog is correct that you can't sell half of your ownership of a house and have a stranger move in with you as a new co-owner.
Party B is in hot water for profiting from the sale of fill dirt if party A was not involved in the sale and profits not divided. You can't say "I sold fill dirt from my half of the land" because the whole land is jointly owned.
If that was the case and at the very least, the judge will most probably force the sale of the land wholly and Party B will have to give Party A their portion of the profits they kept if not also sending Party B to jail for fraud and forgery of Party A's signature for the 100 acres of land sold.
Had those sales not have taken place, Party B would most probably have the right of first refusal, but Party A shouldn't be kept from selling their interest in the property.
Party A would also have a claim against any title insurance company as well if one was involved. Since her name is on the deed of sale for the 100 acres sold off, her identity needed to be established and notarized.
There should have also been a new deed issued for the remaining portion of the land that Party A & B co-own.
Lots of issues to discuss - lots of parties involved - great bargaining chip and Party A has a case.
|