My brother and I inherited a home 50/50 from our mother. I want him to buy my half but he can't qualify for a full mortage. What other options does he have ? And what risks are in it for me. Alo he has alluded to the fact he can move into the property whether I approve or not. Is that true?
William Smith
February 18, 2010
Do you have to have all of the money up front right now? how about giving your brother a private mortgage where he pays you every months and if he stops paying you(defaults) you can foreclose on him? You guys might be better off selling the house and moving into something more economical, where is the home located?
Thanks,
Bill Smith
http://www.HouseValuesNY.com
Keller Williams realty
914-420-1974
Bryan Fagan
February 19, 2010
It sounds like you are tenants in common in the home you have inherited. As such each owner has an unrestricted right of access to the property. So your brother would not need your permission to live in the house.
However, you have the same right to live in the property without his permission. Neither party can wrongfully excludes another from making use of the property, the excluded co-owner can bring a cause of action for ouster, and may receive the fair rental value of the property for the time that he or she was dispossessed.
Your situation sounds like the best solution may be a Forced Sale of the Real Estate. This is an action taken in a civil court forcing the owners to sell the property at issue and divide the profits.
Bryan Fagan
www.BryanFagan.Biz