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Who owns the house?

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dan2112

Junior Member
A friend of mine (yes, really a friend) has a house in her and her brothers name, all paid for, given to them by their dad. No mortgage. In Georgia. Their dad and brother live in the house. She is married and hasn't lived there in 6 years. Recently she separated from her husband and went back to the house. Her brother is being a jerk and is saying the house is his since he's lived there and has been paying the property taxes.

Question is, can she force him to “buy her out” of her half? Does the brother own now since been paying taxes?
 


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Isis1

Senior Member
dan2112 said:
A friend of mine (yes, really a friend) has a house in her and her brothers name, all paid for, given to them by their dad. No mortgage. In Georgia. Their dad and brother live in the house. She is married and hasn't lived there in 6 years. Recently she separated from her husband and went back to the house. Her brother is being a jerk and is saying the house is his since he's lived there and has been paying the property taxes.

Question is, can she force him to “buy her out” of her half? Does the brother own now since been paying taxes?
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whose name is on the actual deed?
 
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dan2112

Junior Member
thanks for the reply.

She doesn't want to live there or kick them out. Basically just wants the money and get out of it.
 
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dan2112

Junior Member
He probably won't take the offer. If she sues can they force him to mortgage (or come up with) half the value?
 
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nextwife

Senior Member
And her Dad, where does she want HIM to go? She wants to boot DAD from the house NOW and sell, just because she and her hubby broke up?

She has a right to also live there, but she can't force the sale without a partition action. Regardless, is her intent to force dad out of the house? Isn't it likely dad's intent was for them to avoid probate, but to stay there, as he still resides there?
 
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dan2112

Junior Member
nextwife said:
And her Dad, where does she want HIM to go? She wants to boot DAD from the house NOW and sell, just because she and her hubby broke up?

She has a right to also live there, but she can't force the sale without a partition action. Regardless, is her intent to force dad out of the house? Isn't it likely dad's intent was for them to avoid probate, but to stay there, as he still resides there?
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Thank you and everyone for the repies.

Her intent is to get half the value of the house and use it for a down payment for a house of her own.

She does NOT want to kick anyone out of the current house. Just wants to leave. Apparently her and her brother can't get along when living together. I kind of get that.
 
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nextwife

Senior Member
And if the house needs to be SOLD to get her half out, how is dad going to stay?

So she wants 100% of her half, and dad shares the remaining 50% with brother? Did dad really intend for the siblings to divide it up BEFORE he was gone? And does dad have a life estate interest?
 
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dan2112

Junior Member
nextwife said:
And if the house needs to be SOLD to get her half out, how is dad going to stay?

So she wants 100% of her half, and dad shares the remaining 50% with brother? Did dad really intend for the siblings to divide it up BEFORE he was gone? And does dad have a life estate interest?
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I don't really know. I think ultimatly she wanted her brother to mortgage part of the house, maybe even a 1/3 and give to her and him make payments to the bank. Eventually the dad will pass, something similar will have to happen at that point. If the brother is staying there.

Does seem kind of cold. And I'm sure their dad didn't want it to come to that.

They probably made up by now, she just wanted me to check around for options.
 
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anteater

Senior Member
You said earlier...

...has a house in her and her brothers name, all paid for, given to them by their dad.
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If that is the case, and Dad did not retain a life estate, then Dad is simply a tenant.
 
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dmcc10880

Member
Brother could get a HELOC (home equity line of credit). The house would be appraised, she can get her 50% and quit claim her share over to him.

Although if I were him, I'd ask she pay for the costs of the HELOC and reimburse her 50% of the property taxes he paid on the property (since he paid 100%).

Doing business with family is always fun!
 
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