how to correct incorrect fractional ownership in deed

Question

My brother and I bought a rental property. I put in 75% of the money, and he put in 25%. For twenty years, we filed income taxes reflecting that 75%-25% ownership. But the deed just says "My Name and Brother's Name".
My brother's widow is now asserting that she owns 50%, saying that all that matters is what the deed says, not who paid how much. Is she correct, or is there a way to correct the deed now to reflect the correct ownership?

DJClayworth · Answer

You need a lawyer. Stop reading  answers on the internet and go get one now.
Even if you found a completely correct answer right here and now, you are going to need a lawyer to execute it, so cut out the middle man.
The straightforward answer is that if you don't have a written agreement stating the fractional share it will take some legal arguing to prove it.

TTT · Answer

I'm going to restate your situation for clarity (gathered from the question and comments). Your sister-in-law seems to be basically saying this to you:

I know you and my late husband agreed to a 75/25 split when you purchased the property, and I know you both continued with that split for 20 years, and I know you filed your federal tax returns with that split too. But, guess what? You messed up. Since you didn't put the 75/25 split on the deed I'm technically entitled to 50% of the property instead of just 25%. So, now you must give me what's (un)rightfully mine.

This is unfortunate, as it means your relationship is tainted and probably not salvageable. I think you have every right to respond this way:

I'm not giving up 25% ownership just because you want it. If you want to sue me and take me to court, go ahead. I'll bring all of the documents from the sale and our tax returns which clearly show the 75/25 split, and let the judge decide if you should be given 50%.

My guess is when faced with this option she'll stop grasping at straws. Of course, if she does sue you, you'll probably need an attorney if the amount of money at stake is worth the fight.

Fattie · Answer

OP, she says:

"As for the 25% vs. 75% on your past taxes, that does not reflect ownership. It is the deed which reflects ownership and you own half "

Simply reply by email:

"Deed polls do not specify percentage ownership, they list all the owners."

And then ghost her.
It is not even a "So sue me" situation,
where you would say to her "If you don't agree, sue me."
Just text back "Deed polls do not specify percentage ownership" and then ghost her.
DO NOT...

try to explain what does specify percentage ownership

remind her that her own tax filings for 20 years specify percentage ownership

explain that the original two payments absolutely specify percentage ownership

Say or do nothing.
Text back "Deed polls do not specify percentage ownership" and then ghost her.

how to correct incorrect fractional ownership in deed

3 Answers

And then ghost her.

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