I would suggest an attorney since whatever you do is not likely to be “do it yourself”. However, you could either try to “quiet title” the deed into your name since you have been making the payments. or, you could sue to partition the property so you can sell your part and let his slide into foreclosure.
Posted by safia khan on June 08, 2007 at 09:11:49:
My husband and his brother name is on the house deed.They wanted to sell house.He got deported to Canada in august 2004 at the same time we moved out to apartment but we still paid for everything.We moved back to house in january2005 because my husband can’t pay for two places, still living and paying for everything.My brother-in-law won’t send the power of attorney when we call he does not answer.(They wanted to sell house so they can pay off their other loan,also my husband is paying for the loan since august). what legal action we can take within our budget? thank you
If I am reading your post correctly, your brother-in- law in Canada wants to sell the house, he just doesn’t want to give you a power of attorney (I guess he doesn’t trust you).
It sounds like you don’t want to move so what type of legal action were you thinking of? You want them to help make the payments on a place you have entirely to yourself, maybe you should consider the portion of the payment you make for them as rent for their portion of the property.
So the best thing to do is buy them out and if you can’t afford to buy him out, try giving him a note & mortgage for his share. I think the best thing to do is go along with both of you selling the property and splitting the proceeds and making sure your out of this apparent undesirable arrangement permanently and get on with your life.