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My sister's name is preventing me from refinancing the house for repairs. I have no idea where she lives and I have paid all property taxes and water bills since the late 1980's. And I also paid off a mortgage she had put on the house I have documentation on all the payments I have made

2006-06-19 13:58:27 · 11 answers · asked by mrball144 1 in Business & Finance Renting & Real Estate

11 answers

Can you track down your sister? Maybe one of your relatives knows where she is. I'd probably try to find her first and talk to her about buying her share of the house. That would probably be the most straightforward and least expensive route.

Prepare beforehand. Take the current value of the house. Divide it in half. From that half - subtract the mortgage you paid (if she took all the money), half of the taxes you paid and half of the repairs you had done. Add what you would have paid for rent to live in the house for that time. (Forget the water bills since you used the water.)

Then subtract what you would have paid for rent during that time.

Based on that figure - decide what you're willing to offer to buy her out of the house. Start on the low side so you have some room to negotiate but be fair. If you can reach an agreement here it will save a lot of legal fees and hassle.

Otherwise - see a lawyer. I'm sure a lawyer would be able to advise you on how to use the value of the house to get the repairs done.

I'm not so certain about getting your sister's name removed from the deed. Your parents wanted her to have half of their home. While it's your duty to protect your sister's investment by getting the repairs done - it doesn't seem right that you should take her share of the inheritance.

2006-06-19 14:27:49 · answer #1 · answered by mom of Em 2 · 0 0

Tough one. Looks like you might have to quiet title the property. Get a good real estate attorney and prepare documentation that you have been paying taxes and maintaining the property. The more evidence you have the stronger your case. How is she on title? Joint tenants, Tenants in common? This could have a factor if she is incapacitated or dead. Your only other option is finding her and getting her to sign. Whatever you do Don't do fraud and try to sign for her. That can land you in jail for a long time.

Good luck

2006-06-19 14:14:09 · answer #2 · answered by nightrider 1 · 0 0

To remove your sister's name from the deed have her sign a quit claim deed. She is the grantor and you are the grantee.

You need the owner to grant you title to the property in order for you to own it. Ownership is exclusive to any existing liens aka mortgages on the property. Hope this helps you.

2006-06-19 17:00:31 · answer #3 · answered by Superman P 2 · 0 0

On your own there is really nothing you can do about it...All you can do is get her to sign a quit claim deed to release her interest in the property. Consult with a real estate attorney and see if there is some legal avenue in your state to get her off.

2006-06-19 16:31:05 · answer #4 · answered by jafnarf 3 · 0 0

You paid all that on a house that you don't even own? Hmmm....you have a big problem that is going to require a lawyer and a lot of money. Finding your sister is going to take time--and when you find her she will probably give you a hard time about it. Good luck with this one.

2006-06-19 14:11:48 · answer #5 · answered by Waferette 3 · 0 0

Only that sister can remove her own name. If you were a joint owner of a house, would you want other people to be able to "remove your name" from the title without your consent?

2016-03-26 22:09:48 · answer #6 · answered by ? 4 · 0 0

I am not sure if you said your parents were still alive or dead. If in the case they were still alive it will a very simple process but if it happen that they are no longer with you guys then you will need to contact your sister so she can quitclaim the property to you. in the event you are not able to locate your sister then please contact an real estate attorney in your area to advice you of your options.

2006-06-19 16:34:43 · answer #7 · answered by remadeeasy 2 · 0 0

call a lawyer...
i believe that you will have to track her down and get her to sign off her part.
or hopefully if you can proove you paid all of the taxes & other things and you could 'seize' the property
~good wishes

2006-06-19 17:55:27 · answer #8 · answered by Cap'n Donna 7 · 0 0

quick deed from the county

2006-06-19 15:13:11 · answer #9 · answered by loansbyanthony 1 · 0 0

You have to get a lawyer for this you might have to buy her out.

2006-06-19 14:00:16 · answer #10 · answered by pippen 2 · 0 0

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