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Maru G | My father pass away and left the house to my brother and me but he doesn't want to sell and i do? |
he left a will that it says that the house is 50-50 but we haven't change it to our name. We have alot of troubles he now lives in the house and i live in the gest house but i want to sell so i can buy my own house but he want's to be like this for life (he is living in the bigger house) so i want to know if he doesn't want to sell what can i do?? |
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Jason
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make him buy your half of the house out |
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MIND THE GAP
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You need to go to an attorney and start a suit for a partition sale. The court will order the property sold and the profits split between your and your brother. |
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Bear
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Have your brother buy you out for fair market value |
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panamaniac
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Ask your brother to buy your half. If that doesn't work, get a lawyer. You own just as much as he does. |
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siren F
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he can buy your half of the house that way you will have the money to buy your own house and he can live in the house your father left you guys. |
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zornundox
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You can buy him out, he can buy you out, or you can force a sale of the property so you can get your one-half interest. You should consult a lawyer first. |
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Brian D
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Get it appraised and have him buy your half from you.
I know its easier said than done, but that is the only thing I can see as fair.
Tough situation, Good luck. |
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Joe D
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have him take out equilty on the property, you can quick claim and have the house put into his name only once you recieve you check. You will have to deal with an escrow office. Call the nearest Title office and/or realstate lawyer. |
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src50
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You will have to work it out - one of you needs to buy out the other. This is an example of why leaving real estate to equally to two heirs is not a good idea. |
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KNN
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Why don't you buy him out? If you don't have any liquid assets to buy him out then an another option you have is to refinance the home and use the equity to buy him out. With the real estate market being what it is you might not be able to do that. You should definitely speak to a mortgage professional. I think consults are free so it wouldnt hurt. |
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Feroze R
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this is not the time to sell the house on a good price,but you have to talk to your brother,that if he is not ready to sell the house to give you your half share,then you will hire an attorney,because you deserve the same rights on that house as much he does,the market is down so he should buy out your share,so you can use the money to buy your own house.it seems it is very hard to any of you to pay the half price to other one.the best thing is the house must be sold and you both can enjoy the cash to buy your own homes.
try to involve the other family members to pressure your brother to do the right thing in legal way.
good luck. |
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IN_Houston
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Sell it to your brother and take your 50%, make sure you get fair market value. Talk to a realtor about your home and have them come take a look to tell you what your home is worth on the market. Ask the realtor to give you some documentation on the market value of your home. (keep it safe for now and don't show it to your brother). Take the will to the county where titles are kept and ask how you can be added to the title/deed of the home. IF you pay the taxes on the home with a check IN YOUR NAME ONLY for seven years then the home automatically is yours. Go to your county appraisal district (they should have a web site) and check to see if your brother is paying the taxes, if he is he is probably trying to pull one over on you, pay them before he can. You may need to talk to an estate attorney to get your name on the title to the home but you might be able to fill a form or something and file it at the appropriate government office so that you can be added as the owner, be sure to have your birth certificate with your fathers name on it and your fathers death certificate and of course the will. But whatever you do. Once your name is on the title, if your brothers is not tell him he has to leave and you can live in the big house, but if he wants to live in the guest house, make him sign a lease and collect at least $1.00 per month...if he is still unhappy show him the fair market value of the home and tell him you want your half, if he is still not happy, keep paying the taxes and own the entire thing outright. It's not up to him what part of the house you live in or which house you live in, if you own 50% of the entire home, then half of it is yours and you have every right to it. When you know your brother will be gone for a while go in the house and call a locksmith, have the locksmith change the locks when your brother leaves. He won't be happy but what is the difference when you both own 50%. Tell him you will be more then happy to give him the new key if he signs over a check for 50% of the fair market value of the home. Tell him the check has to clear before you hand over the key. Talk to a realtor to have her draw up the paperwork, post the paperwork on the outside of the door so that when your brother comes home and can't get in he has two options, either sign or move into the guest house. If he calls the police just tell the police that you own 50% of the property, show the police your dad's will. The only thing your brother can do is come in and take his stuff or ASK you to leave at which point you will say no. He will ask for a key and then you can say, it will cost ya...50% of the value of the home. That should teach him.
If he has not learned after that then tell him that since you own 50% of the home you need him to pay you half of what the house would rent for each month. If the house rents for $800 per month tell him you want $400. YOu can either live in the little house and have an extra $400 per month or rent another place. If he rents out the guest house, tell him you want to see the lease agreement and then take half of that. Meanwhile your still paying the taxes so eventually you will own the home anyway then you can charge him for the full rent or kick him out.
It sounds like you are letting your brother boss you around. Learn what your options are, talk to people who can point you in the right direction. Don't worry if you are afraid of seeming dumb, we are all dumb about somethings. If people seem annoyed that you don't understand ask them a question you know they don't know the answer to then after a few seconds act like THEY are annoying YOU. |
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