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Are the all people on the deed of the house responsible for paying the bills? Do you need all people on the deed to sell house?

Canton, OH |

My mother passed away in April. There were five siblings. Everything to be divided equally. My sister, unbeknownst to any of us, had my mother before she died take out a loan on the house only in my mom's name. She quick deeded the house over the remaining four siblings due to that loan, even though none of us will get close to the 25,000 she received. So all 4 of us own the house equally. 2 of the 4 are not paying the bills and refuse to allow us to sell it. My brother and I are footing the bills and can't afford it. We have taken them to small claims but to know avail--what are our options? We can't continue to pay the bills on the house (the house is paid off, but all the other expenses are killing us).

Attorney Answers 2


  1. It will be necessary to have all related documents reviewed before a complete answer can be given. However, this seem like a classic case of the need to file a partition action to get a sale of the house despite the lack of cooperation of some of the beneficiaries/owners.

    Another possibility is to see if you are within the time for making a disclaimer so as to get away from any responsibility for the real estate. This might be a consideration if the real estate has no net equity after the mortgage is paid off.

    Finally, the facts surrounding the loan must be reviewed. It is not clear why the real estate was not deeded to all 5 children.


  2. It will be necessary to have all related documents reviewed before a complete answer can be given. However, this seem like a classic case of the need to file a partition action to get a sale of the house despite the lack of cooperation of some of the beneficiaries/owners.

    Another possibility is to see if you are within the time for making a disclaimer so as to get away from any responsibility for the real estate. This might be a consideration if the real estate has no net equity after the mortgage is paid off.

    Finally, the facts surrounding the loan must be reviewed. It is not clear why the real estate was not deeded to all 5 children.

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