Buying brother out on his half of the house...whats needed?

What is the name of your state (only U.S. law)? California


My mom passed away a few years ago and her house was deeded over to my brother and I. He has moved to Texas over a year ago, and recently has wanted to sell it. I am living in the house, and have been the one taking care of it for over year, and paying the mortgage on it. He has also threatened to kick me out which i believe he cannot legally do...

Now i have offered to buy him out on his half...i have gotten the house appraised already...my brother has gotten a basic form online about him selling his half and said to sign it, and we will get it notarized. I will probably just send him a cashier check for the amount that is his....Is there anything else i need done? What is needed to get his name off the deed of the house? Is this a legal way to do it or do we need to get an actual attourney? Any info about this matter would be greatly appreciated. Thank you.

Cheers
Adam

You prepare a deed, have him sign it, take it to the land records office, possibly pay a transfer tax, have it recorded. You're then advised strongly to still get owner's title insurance. Pretty big investment for amateur work.

I'd enroll the help of a lawyer or at least a settlement office (as whatever is the custom in your area).

a real estate attorney is rarely a bad idea. There can be problems with do it yourself situations that are a bitch to remedy after the fact.


while what you are doing is not rocket science (and remember, even they crashed a probe into Mars by making a stupid error), the novice is best protected by seeking the assistance of a pro in this area. Not sure of the tax implications but there are tax situations that you could inadvertently affect by transferring improperly.

I have not read the requirements for a deed in your state. Some states have some quite specific rules for the construction of a deed.



as well, there are most assuredly requirements for the signature to be notarized. Since he is in a different state, I will mention that some states require signatures for such transactions to be notarized by notary publics recognized by the concerned state. I don;t know if that applies to Cali but it is definitely something you should have the answer to before this transaction.

are you sourcing a totally new mortgage for this? If not, the current mortgage holder will quit likely need to be involved.


In other words, follow Ron's last line of advice.

yes, use an attorney. This is not a do it yourself project.