Posted on: 01st Jan, 2012 11:32 am
hi! i'm in malaysia. my bf is paying for a property for 11 years. his name, his father's & his brother's name is on the deed & house mortgage. the father only paid the downpayment of 10% which is 35800 only. which after that all monthly installments is being paid by my bf. 5 years back the father told the younger brother to move out of the house because he got aggressive & was not working properly, always asking for money. unfortunately, 2 years ago the father deceased before he could ask the brother to transfer his rights to my bf. no will either. my bf, his mom & his sister are staying in the house. now, his brother is asking for his father's portion of the money paid as well as his 1/3 portion.
property value: 358, 000
mortgage tenure: 25 years.
paid thus far: 11 years
balance to pay to bank: 262,000
we have tried to resolve amicably as he is late in payment for his another property with his wife. we even tried to pay him the father's portion entitlement to him from our own money once he gives consent to transfer father's name on deed to mother name and his portion to my bf's name & but he suddenly got greedy & wants my bf to refinance the property & give him money or sell the house. can my bf & his family sue the brother for claiming share nbut ot paying his hare of installment for the past 11 years? or sue him in court to ask him to start paying for his half?
property value: 358, 000
mortgage tenure: 25 years.
paid thus far: 11 years
balance to pay to bank: 262,000
we have tried to resolve amicably as he is late in payment for his another property with his wife. we even tried to pay him the father's portion entitlement to him from our own money once he gives consent to transfer father's name on deed to mother name and his portion to my bf's name & but he suddenly got greedy & wants my bf to refinance the property & give him money or sell the house. can my bf & his family sue the brother for claiming share nbut ot paying his hare of installment for the past 11 years? or sue him in court to ask him to start paying for his half?
Hi kalamns,
Your boyfriend and his family can sue the brother for not paying the required payments. However, before filing the case, it will be better if they could contact an attorney and take his opinion in this matter as laws of Malaysia will be different from that of USA.
Thanks
Your boyfriend and his family can sue the brother for not paying the required payments. However, before filing the case, it will be better if they could contact an attorney and take his opinion in this matter as laws of Malaysia will be different from that of USA.
Thanks
Thank you very much Jameshogg.
I have referred this issue to lawyers here. But I want to do my own research as well as lawyers are asking us to settle amicably as its a family dispute. We tried. Even just now, the brother said he wants to settle. The next moment, he said he doesnt want to. This is a dillemma.
I'd appreciate if u could kindly advise me how would u resolve this issue in the US. From there on, I will fit it to our local laws and seek 2nd opinion on this issue.
Thank you very much Jason.
I have referred this issue to lawyers here. But I want to do my own research as well as lawyers are asking us to settle amicably as its a family dispute. We tried. Even just now, the brother said he wants to settle. The next moment, he said he doesnt want to. This is a dillemma.
I'd appreciate if u could kindly advise me how would u resolve this issue in the US. From there on, I will fit it to our local laws and seek 2nd opinion on this issue.
Thank you very much Jason.
Hi kalamns!
Welcome to forums!
If your brother's name is mentioned in the property deed, then you won't be able to force him to sign the quitclaim deed and transfer the property to you. You can negotiate with him and try to buy him out with a certain sum of money and ask him to transfer the property to you. This is what I would have suggested you if you would have been a resident of USA.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If your brother's name is mentioned in the property deed, then you won't be able to force him to sign the quitclaim deed and transfer the property to you. You can negotiate with him and try to buy him out with a certain sum of money and ask him to transfer the property to you. This is what I would have suggested you if you would have been a resident of USA.
Feel free to ask if you've further queries.
Sussane
kalamns - I don't believe that anything that takes place in the US courts will have any bearing on what takes place in Malasia. Seeking assistance from us isn't particularly helpful to you if the courts operate differently there.
Your legal counsel ought to be able to eliminate your concerns without your need to do independent searching. If you feel that you're not getting the kind of service or advice that you need, then you ought to simply seek out a different attorney, in my view.
Buyer beware also is relevant when it comes to searching out others who may have opinions about what you're going through.
Your legal counsel ought to be able to eliminate your concerns without your need to do independent searching. If you feel that you're not getting the kind of service or advice that you need, then you ought to simply seek out a different attorney, in my view.
Buyer beware also is relevant when it comes to searching out others who may have opinions about what you're going through.
