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Is mother on the deed with brother or is just he on the deed?
Did she intend to give him ownership of some portion of the house/
Why did she add him to the deed if she didn't want him to have an ownership interest in it?
Ok, the problem here is that when you put someone on a deed with you, you are giving them half ownership of the house..
It normally doesn't matter what the reasons are for putting them on...legally they then own half the property.
So if brother won't voluntarily sign a quitclaim deed over transferring the property back to mother, then her only recourse would be to sue him for breach of contract and try to convince a judge that he was only added as a convenience and not to actually give him an ownership interest in the property..
But honestly, it will be a tough job convincing a judge of this unless she has lots of people, including you, testify that that was the agreement between mother and brother all along..
is there anyway to keep him from coming back in because he said he can do whatever he wants
I hate to say it, but as a half owner of the property, he has the legal right to come and go as he pleases. From a strictly legal viewpoint, mother can't even rent the property to someone without his approval since he owns half the house..
The only way to force him off the deed if a judge won't enforce the initial agreement between them would be for her to file a "partition lawsuit" and have the judge order an absolute auction to the highest bidder and then she could bid at the auction and buy his half out to get him off the deed.
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...