REAL ESTATe

The initial civil case filed was a quiet title action on the subject real property. The action was filed by the Plaintiff against his brother and their father. Plaintiff was seeking partition, sale, accounting of rents, and reimbursement claims as one of the property owners. The subject property was acquired by their mother and her two sons as joint tenants with right of survivorship. A week later, the titleholders executed a grant deed wherein the mother conveyed her interest in the subject property to her sons as a divided 50% interest as tenants in common. The initial complaint was amended to include only the quiet title action but also seeking partition of the property, as the property is a single family dwelling, and sale of the property, dividing the net proceeds from the sale based on the titleholders interests subject to offsets. These offsets sought include being reimbursed for reasonable sums spent by Plaintiff in preserving the property, damages for loss of use of the property, an accounting of rents received by his brother and his father, an award of attorney fees, and the sharing of costs of the partition to those determined by the court to have an interest. Plaintiff asserts that his brother and his father currently reside and occupy the entire property and have denied him any use.