I owned a property with my mom as joint tenants. Then mom was asked to sign a deed with brother but left me out of deed. I'm told that this makes us all tenants in common. Is this correct? Am I 50 percent owner and they own 25% each since mom split only her share? Or are we equal owners?

Part 2 of this question is that brother and mom live in the house, but the mortgage is under my name. And brother is 3 months behind on mortgage. I've bailed him out by paying the mortgage many times before. I can't do it any more. What are my options to get him out of the house if he can't pay. Can I force the sale of the house. What happens if the house is foreclosed?

Hello Mac:

IF he's an owner, and I don't know that he is, he can't be evicted. IF he's NOT an owner, then he's a tenant and you and your mother are co-landlords. If that's the case, you CAN evict him..

But, in order to find out who owns what, if anything, you're going to need the services of a real estate attorney.

excon

First, you need to go to the County Clerks office and find out EXACTLY how the deed is recorded.

If he is an owner, then you will have to sue him for his share of the mortgage.

I look up the recording. It's a bargain and sale deed. So assuming that he is a co owner and has no money to pay the mortgage, which is under my name, what's left for me to do. How do I get out of this? I guess I can sue him for his share and possibly garnish his wages if I get a judgment that he can't pay. But what's to stop him from not continuing to pay. I just want to know if there is any way to get out of the situation.

I think you need to hire a real estate attorney to figure a way out of this mess.

If they filed a new deed that did not list you, and you were on the previous deed, that last deed may not even be valid if you did not sign it. If they filed a deed without you, and you are not on the deed, they are acting as if you are not part owner.