house ownership battle

[traecili]

father left house/property to brother and I before his death. we both live in the house and both pay expenses. brother now saying he is going to a judge to have my half "signed" over to him. claims he has a 70% ownership, not sure how he came up with that since my father left to both of us. trying to find out if he has a legal basis for this. everything I have ever read says he can buy me out but he says he's not going to do that.

 

[Zigner]

What US state?

Your brother may be confused on his percentage of ownership, The judge isn't going to force you to just sign away your rights, but your brother can go to court to force a partition sale. Of course, he wouldn't retain ownership if that were to occur.

 

[Just Blue]

father left house/property to brother and I before his death. we both live in the house and both pay expenses. brother now saying he is going to a judge to have my half "signed" over to him. claims he has a 70% ownership, not sure how he came up with that since my father left to both of us. trying to find out if he has a legal basis for this. everything I have ever read says he can buy me out but he says he's not going to do that.

Us Law only.

 

[xylene]

I'm confused also by the specifics. Did your father leave you the house in a will or did he transfer you the house before death, of parts of the house...

You really need to look at the documents. Or pay someone to do that, like a lawyer.

If brother wants you out, maybe it is time to ask him voluntarily to buy you out. Or vice versa...

How much is the house worth too? Something to think about.

 

[Just Blue]

Again...We only deal in US Law. OP hasn't provided the State.

 

[HRZ]

How is It titled and where is it..

IN general tenants in common is 50/50 unless deed sets forth different shares . DItto if it's joint tenants with right of survivor .



IN general the stuff posted suggests that a partition action /forced sale results in rather low net results after all costs and fees are factored it .

 

[FlyingRon]

In fact, in almost all places, you can't have a joint tenancy (survivorship rights or not) with unequal portions. That's sort of contradictory to the joint part.

 

[LdiJ]

father left house/property to brother and I before his death. we both live in the house and both pay expenses. brother now saying he is going to a judge to have my half "signed" over to him. claims he has a 70% ownership, not sure how he came up with that since my father left to both of us. trying to find out if he has a legal basis for this. everything I have ever read says he can buy me out but he says he's not going to do that.

He cannot get a judge to make you sign over your half to him. He cannot even buy you out without your express agreement. As you have already been told, the most that he can do is a partition suit to force the house to be sold to someone else, where you would each receive your share of the proceeds.

I suspect that he is lying about the 70% bit as well.

 

[quincy]

Please look at posting dates. A new member revived several older threads.