Posted on: 02nd Sep, 2009 02:27 pm
Hi My name is Dajuana
My father gave a two family house to me and my sister in 2001. I live in the second unit. Since 2001 my sister has taken control of the first floor unit by moving all kinds of strange people in who has risked the safty of myself and my family. I have been keeping the up keep and mantainice of the property she has been collecting rental income from these people and not helping with any of the bills. I took out a loan on the house because it was orginally paid in full to bring the value up on the property i was robbed by her and her now boyfriend whom i didn't know that was her boyfriend at the time. I moved out for more than one year paying rent at the place i was renting and paying mortage i had only a littler money left to fix the unit i was living in and the firt unit was left incomplete. She has not once helped me with any the bills water, taxs, insurance, or mortage she feel intitled to have access to the house but not intiled to any of the things that comes along with owning a home. Im now in a situation where im struggling to pay the bills and she doens not want to help. Every one i talk to make it seem so easy just buy her out they say not that simple i don't have a lot of money to buy her out or to even hire a lawyer because im fronting all the bills. I know there has to be another way when this happens when one party is not cooperateing and all they want is the money they can get out of the property and not interested in anything else.What are my options what can I Do?
Dajuana
My father gave a two family house to me and my sister in 2001. I live in the second unit. Since 2001 my sister has taken control of the first floor unit by moving all kinds of strange people in who has risked the safty of myself and my family. I have been keeping the up keep and mantainice of the property she has been collecting rental income from these people and not helping with any of the bills. I took out a loan on the house because it was orginally paid in full to bring the value up on the property i was robbed by her and her now boyfriend whom i didn't know that was her boyfriend at the time. I moved out for more than one year paying rent at the place i was renting and paying mortage i had only a littler money left to fix the unit i was living in and the firt unit was left incomplete. She has not once helped me with any the bills water, taxs, insurance, or mortage she feel intitled to have access to the house but not intiled to any of the things that comes along with owning a home. Im now in a situation where im struggling to pay the bills and she doens not want to help. Every one i talk to make it seem so easy just buy her out they say not that simple i don't have a lot of money to buy her out or to even hire a lawyer because im fronting all the bills. I know there has to be another way when this happens when one party is not cooperateing and all they want is the money they can get out of the property and not interested in anything else.What are my options what can I Do?
Dajuana
Hi Dajuana!
Welcome to forums!
You've mentioned that your father has given you the property. It means he must have signed a property deed in your favor. Does your sister's name is included in that property deed? If your name is only one mentioned in the property deed, then she does not have legal rights to that property. Thus, it is illegal on her part to place tenants in your property and collect rental income. You will have to contact a lawyer and take legal steps against her.
If you cannot afford to do this, the only option left to you is to sell off the property. Once you sell off the property, you will have to satisfy the mortgage dues first. Then you can try purchasing a new property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You've mentioned that your father has given you the property. It means he must have signed a property deed in your favor. Does your sister's name is included in that property deed? If your name is only one mentioned in the property deed, then she does not have legal rights to that property. Thus, it is illegal on her part to place tenants in your property and collect rental income. You will have to contact a lawyer and take legal steps against her.
If you cannot afford to do this, the only option left to you is to sell off the property. Once you sell off the property, you will have to satisfy the mortgage dues first. Then you can try purchasing a new property.
Feel free to ask if you've further queries.
Sussane
Hello again,
Yes her name is attached to the deed. This makes the situation even worse because everyone i speak with is saying the same thing buy her or or sell. It's not that easy i son't have money to hire a lawyer or to buy her out because i've been paying everything since tha house was giving to us. i thought there was a simple way for her to be sued off the deed givin she has not been a partner in this i thought we coulf just break even her be sued off for the amount she owe me since 2000 and her named gets wipped off and it will called even. Is that a possibility?
Dajuana
Yes her name is attached to the deed. This makes the situation even worse because everyone i speak with is saying the same thing buy her or or sell. It's not that easy i son't have money to hire a lawyer or to buy her out because i've been paying everything since tha house was giving to us. i thought there was a simple way for her to be sued off the deed givin she has not been a partner in this i thought we coulf just break even her be sued off for the amount she owe me since 2000 and her named gets wipped off and it will called even. Is that a possibility?
Dajuana
Hi Dajuana,
As your sister's name is mentioned in the property deed, you won't be able to remove her from the property deed without her signatures. However, if you want to get rid of the property, then you can file a partition lawsuit in the court and check out if the court orders for the sale of the property. If your property is sold off, then the mortgage will be paid off first. If there's any balance amount, then it would be distributed between both of you.
As your sister's name is mentioned in the property deed, you won't be able to remove her from the property deed without her signatures. However, if you want to get rid of the property, then you can file a partition lawsuit in the court and check out if the court orders for the sale of the property. If your property is sold off, then the mortgage will be paid off first. If there's any balance amount, then it would be distributed between both of you.