Mom left house to both myself & my brother, he moved in and doesn't want to sell house but isn't making an effort to get a loan to buy me out. I don't want a fight, but fair is fair...... someone please help!
2007-04-30 19:24:09 · 4 answers · asked by missing mom 1 in Family & Relationships ➔ Family
Make sure that any mortgage (if any), taxes and homeowners insurance payments are being paid on time. Your brother owes 1/2 of those expenses and you must pay your half.
Keep track of how many months he lives there - he will owe you 1/2 of the rental value that you would be able to collect if you rented the house to a neutral 3rd party tenant.
Get a standard rental contract from a stationary store, or search online for one. Do some research for comparable rental prices for homes in your neighborhood and establish a monthly rental value. Fill in the details (dates, deposit, montly rental amt) , take pictures of all the rooms in the house to document the condition, and have him sign it. Make him take out a renter's insurance policy with you as the beneficiary to cover any damage he might cause. Make sure you have a copy of the keys and the right to inspect on 24 hrs notice (or less in an emergency.) If he changes the locks, call a locksmith to change them, give him a key and charge him for the locksmith fees.
Give him a copy of the rental contract and ask for his signature. If he refuses, get a 3rd party to witness a statement that your brother refused to sign the contract and date and initial the statement. Give your brother a copy of the statement and unsigned contract.
If your brother has half a brain, he will comply when he sees it all in black and white.
If he refuses to pay after you handover document the rent payments, then hire a lawyer. People usually respond to letters written by lawyers.
Good luck.
2007-04-30 19:58:21 · answer #1 · answered by Tom-SJ 6 · 2⤊ 0⤋
He doesn't have a choice. He will either have to buy you out at fair market value or sell the house and you will divide the proceeds.
2007-05-01 02:29:36 · answer #2 · answered by Patti C 7 · 0⤊ 0⤋
Lawyer... Sheriff... Eviction.
2007-05-01 06:27:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer.
2007-05-01 02:27:54 · answer #4 · answered by Anonymous · 1⤊ 0⤋