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SandyCoyote · May 11, 2012, 11:27 AM

My wife's dad passed away last year in March and my wife and her older brother were left the house which is paid off in 50/50 ownership. Her brother wanted to buy the house and since we live on the other side of the country due to me being in the military, we really have no desire to want to own it, so we agreed to let him buy us out for 50K (the house is appraised at 170ish). This was agreed upon last year in April and he was just waiting for his house to sell through a short sell. We just found out a couple days ago that he has been living in the house for a short while (unknown how long), we are having problems contacting him, and we do not know if he sold his other house. What can we do at this junction legally if he is trying to pull a fast one over us?

The house is located in New Albany Indiana

ScottGem · May 11, 2012, 01:42 PM

Since he is a part owner, he is entitled to occupy the house. However, your wife remains part owner until he pays her the buyout agreed upon, at which point she signs the deed to him.

I'm not sure why you think he's pulling a fast one on you. Isn't it better he occupies the property rather than leaving it empty. He can't see the property without your wife's signature. Would you want to charge him rent for her share?

Fr_Chuck · May 11, 2012, 02:34 PM

Not sure what him selling another house at a short sale has to do with anything, since he makes and gets no money at a short sale, just no longer owns other house.

So him buying your half should have nothing to do with a short sale of another home.

Next as 1/2 owner of the house he may live in it, if he wants to, does not need to ask you are get your permission. He may have figured out he does not have to buy it from you to live in it.

You may have to go to court to try and force the house to sale, if he will not work or keep his agreement.

sandy coyote · May 11, 2012, 04:03 PM

His buying my wife's share of the house was suppose to occur once he short sold his house. Other then that, it has nothing to do with the house in question except being what had to happen before he bought my wife out. The two should have nothing to do with one another, but I can not even begin to understand the logic used by people who choose to be below the bar.

The reason I think he is being shady and pulling a fast one on us would have to do more with the history of her family and that the understanding was he would be buying us out before moving in. Now that we do know he has moved in without us knowing due to us being elsewhere, we are unable to contact him by phone numbers he gave us.

I'm fine with taking him to court if need be. If a judge tells him to buy us out and he still refuses to do so, are we any better off? So far though, all the agreements have been verbal (I was deployed at the time that all this occured) between him and my wife and know paperwork was accomplished. I'll know more once I can get a hold of him, but as previous said, he has made that difficult.

So if him being half owner means that he does not have to seek our permission to live in the house, does this mean that we can do the same or take similar liberties? For example, say I have some good old rock party buddies I ran around with in High School and College who enjoy a louder lifestyle. Could I give them permission to live there?

Fr_Chuck · May 11, 2012, 04:07 PM

Unless you have an agreement in writing, the judge may not order him to buy it, but order it sold, ( to anyone) and he would be free to try and buy it.

ScottGem · May 11, 2012, 04:14 PM

You cannot allow other people to move in with both owners permission. But you could move in.

sandy coyote · May 11, 2012, 04:23 PM

Thank you very much. All this has been very helpful on clarifying a few things. My last question is if e-mails between him and her discussing the situation counts as something that can be used for a little more stronger than verbal?

AK lawyer · May 11, 2012, 04:46 PM

Originally Posted by sandy coyote

... If a judge tells him to buy us out and he still refuses to do so, are we any better off? ...

It is doubtfult that the judge could order him to buy you out.

But, as Fr_Chuck said, if he is not willing or able to buy you out, the judge would probably order the house to be sold, and the proceeds split between the two of you. This is called an action for "partition".