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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38256
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My mom bought a house in 2006 she put $91,000 down and

Customer Question

my mom bought a house in 2006 she put $91,000 down and mortgaged the rest later she put my brother on the deed for tax reasons he has never pay any money to live in the house and my mom has never lived in the house and 9 months ago she told hime he need to start paying and he said ok and payed for a few months and then 4 months ago he stopped and she asked if he had any money for rent and told her that she did help him enough and that he was moving out he finally moved out this week and asked if she had the paper for him to sign to get his name off the deed then later he said he's not sign until she gave him half of the house value
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Customer: and this is in florida
JA: Has anything been filed or reported?
Customer: no
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Customer: no
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is mother on the deed with brother or is just he on the deed?

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Did she intend to give him ownership of some portion of the house/

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Why did she add him to the deed if she didn't want him to have an ownership interest in it?

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thanks

Barrister

Customer: replied 1 year ago.
She is on the deed as well
No when she put him on the deed it was stipulated she was doing it for homestead reasons only and it has always been stated that she was going to get this house to her three children
Customer: replied 1 year ago.
Sorry give the house to her three children divided equally
Expert:  Barrister replied 1 year ago.

Ok, the problem here is that when you put someone on a deed with you, you are giving them half ownership of the house..

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It normally doesn't matter what the reasons are for putting them on...legally they then own half the property.

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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..

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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..

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thanks

Barrister

Customer: replied 1 year ago.
Well another thing is is that he finally moved out and now he is that sums up behind basically trash stuff that he's not keeping and we were having plan on having someone move in to help with the mortgage is there anyway to keep him from coming back in because he said he can do whatever he wants
Expert:  Barrister replied 1 year ago.

is there anyway to keep him from coming back in because he said he can do whatever he wants

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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..

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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.

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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...

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thanks

Barrister