Posted on: 17th Jan, 2008 11:28 am
My mom died 3 years ago and my brother was in jail. So I had his name added to all of the documents so we could split thing down the middle. We fail out when he was released from jail and now he wants to sue me for half of the house get his name removed from the deed. Could I just remove his name. Now his lawyer is going to force me to sale I have 6 six and have no where to go
Hi,
Welcome to the forum.
See you can't remove your brother's name from the deed on your own. Both of you are the joint owner of the property. So he can claim anytime his share of property. Thus if the property is sold, the proceeds will be divided between both of you accordingly.
Now you can talk to your brother and request him not to sell the property. If he doesn't agree consult with an attorney ASAP.
By the way why does he all of a sudden want to sell the property?
Best of luck,
Larry
Welcome to the forum.
See you can't remove your brother's name from the deed on your own. Both of you are the joint owner of the property. So he can claim anytime his share of property. Thus if the property is sold, the proceeds will be divided between both of you accordingly.
Now you can talk to your brother and request him not to sell the property. If he doesn't agree consult with an attorney ASAP.
By the way why does he all of a sudden want to sell the property?
Best of luck,
Larry
the only sound advice at this time is to check with a real estate attorney who can describe for you what rights you have.
larry is correct - you cannot simply remove your brother's name from the title.
larry is correct - you cannot simply remove your brother's name from the title.
if you have equity in the property and keep it then you could buy out his half. you can figure out what you owe him based on what the home would sell for minus closing costs and reator fees and then give him half. if you have enough equity you can refinance to accomplish this. otherwise you might have to sell worse case. i would fight this and the courts may find a better solution that could work for you if you want to keep the home.
Just wanted to add that you might be able to offer your brother less than half to walk away. If he has been in jail and doesnt have a much money, he might be tempted to take a portion of it to quit claim the propety to you and walk away from this.