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ladybug1309 · Feb 25, 2013, 02:36 AM

My 82 y.o. mum owns 51% of her home, my EX brother in law owns 49%, he has been threatening he is going "to charge her rent" because he has moved out now that he has remarried.

Can he do that?

Also my mum has been paying for everything for the whole 18 years they've shared the home, rates, electricity, gardener,

Can my mum get some of that money back?

They have agreed to sell the property but all these issues are delaying the signing of an agents contract.

PLEASE HELP!

joypulv · Feb 25, 2013, 03:36 AM

There is no law that covers informal agreements between two owners. Even if they had a written contract with each other, and it wasn't resolved financially when they go to sell, it will have no bearing on the real estate transaction except privately between them.

It's too bad she paid for all the expenses for 18 years while they lived together. I can't imagine that short term rent would come close to what she spent. I wonder if she has some records proving what she paid. If they can't come to terms, one of them will have to sue the other. I would guess that a small claims court judge might credit an amount to each, declared it a wash, or throw it out, because they have no contract with each other.

I would suggest that they chip in for a legal mediation, or just agree to ask the real estate agent or some other impartial person do it informally.

Fr_Chuck · Feb 25, 2013, 05:02 AM

No mom can not get any of that money back.

Mom can not be made to pay rent, she is a owner

AK lawyer · Feb 25, 2013, 06:04 AM

How is it 49% / 51%? That can be done with a corporation, but I question how it was set up with real estate.

ScottGem · Feb 25, 2013, 06:42 AM

AK asks a good question. I've never heard of a title set up in percentages. So I wonder if the ownership is in some sort of trust.

But Chuck is right she can't be charged rent as an owner. And if she can prove she has paid all the expenses, then she may be able to get a bigger share of the sale's profit.

joypulv · Feb 25, 2013, 07:29 AM

Hey - I was a 25% owner in MA in 1980 (the others were 25% and 50%). Then recently of my dad's house in CT, a mere 10% (actually more like 9.9 or something, based on the amount I put in).

LisaB4657 · Feb 25, 2013, 08:18 AM

I have seen percentages of ownership detailed on deeds several times.