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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100386
Experience:  Lawyer
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We live with my boyfriends brother, the house was once in both

Customer Question

we live with my boyfriends brother, the house was once in both their names, but my boyfriend signed his half to his brother because he had to claim personal bankruptcy, now his brother who is mentally challenged gave us 30 days to move, what can we do?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Are you paying rent?
Customer: replied 2 years ago.
no we pay for utilities, heat, lights water, garbage, and T.V., plus we do all the upkeep of yard, mowing, weed wacking, and keep top floor clean
Customer: replied 2 years ago.
as in my earlier question, I was misinformed about my bf signing the house over because of bankrupctcy, he actually was forced to sign his half over, because his brother wanted to remortgage the house to help out their older brother, the only way to get the money was to have Doug (my bf) remove his name from the house because of his previous bankruptcy, he was told that if he did this then his name would be put back on in a few years, Doug had just sent papers to mortgage company to add his name back on to the house in December when the house came up for renewal.
Expert:  Debra replied 2 years ago.
So are you saying there is a agreement between the brothers that your boyfriend still owns a house and his brother is holding the title in trust for him?
Customer: replied 2 years ago.
No, five years ago, Brian (older brother) needed help financially, Brian came to Garth ( brother of Doug, my boyfriend) and asked for help, the only way to remortgage the house for the money was to have Doug's name removed from the title, since Doug had to claim bankruptcy a few years earlier, Garth promised Doug that if Doug removed his name from the title of the house, so that Garth could receive the funds to help the older brother, then Garth would agree to sign the papers to add Doug's name back on the title, now, Garth has given us both 30 days to vacate premises
Expert:  Debra replied 2 years ago.
So essentially from a legal point of view it is the case that your boyfriend does own the house still and that his brother is only holding title in trust for him for these financing reasons.As such, it is unlawful for your boyfriend's brother to try and affect your boyfriend from the house that he knows he is part owner in.For this reason boyfriend to tell his brother that he is refusing to go and in fact would be very happy to have a court sigh was right. WillIt is important that your boyfriend understand he is not a tenant because he's not paying rent but he's also not a guest because he is a part owner though not on title at the moment.It may be that your boyfriend's best next step would be to have a lawyer send his brother a letter asserting his rights and threatening a lawsuit if necessary.
Customer: replied 2 years ago.
Thank you for your help, as I knew what Garth was doing was NOT legal, as we have the will, which was left to both Garth and Doug from their mother, we will be seeing a lawyer.
Expert:  Debra replied 2 years ago.
You're very welcome. I hope this works out quickly.

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