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    Charleighj's Avatar
    Charleighj Posts: 2, Reputation: 1
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    #1

    Feb 3, 2009, 09:23 PM
    Jointly owned property
    My brother in law and mother lived together for approx 9 yrs. She bought the house and it was in her name and she had a mortgage on it. She passed away and in the will the property was to be divided equally among the three sons. Before the estate was settled it was agreed upon that the brother who lived there would remain there until things were settled. He paid 500.00 per month for total living, rent, utilities, cable, phone. We have since found out that he has had 2 other parties l iving in the house along with a large dog. Two brothers definitely want to sell the house as quick as can and the one living there says it won't sell etc. He thought that the house would be left to him, and mortgage remain in the mother's name. What legal rights do the other two brothers have to get the other parties out of the house which they own part of as well? The brother living in the house has said he would like to buy it however he is on a limited income and prob could not qualify for a loan. Please advise.
    Thank you
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Feb 3, 2009, 09:31 PM

    Welcome to AMHD. Has the will been probated? Who is the "mother's" executor?
    Charleighj's Avatar
    Charleighj Posts: 2, Reputation: 1
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    #3

    Feb 3, 2009, 09:36 PM

    Yes that has been settled. One of the brother's is executor. Not the brother in the house.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Feb 3, 2009, 09:46 PM

    If the two brothers wanted to sell their interest to the brother in the house, they could 'owner finance'; if the 'owner' defaulted, they could foreclose. If they want to sell and get it over with, they will most likely have to petition a court to sell. It is complicated, and they need competent legal advice.
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