I own home loan. Mother and Brother on the title, when time comes (she dies) to sell what are options?

Asked almost 2 years ago - Waldorf, MD

Brother is estranged and probably will not agree to sell home, in planning what would be my options?

Attorney answers (3)

  1. Robinson Sean Rowe

    Contributor Level 8
    Best Answer
    chosen by asker

    Answered . Some of this scenario requires information on the type of ownership you hold. But generally, when you mother passes, the property will pass to you and your brother... unless there are specific instructions, it will pass 50/50.

    If he doesn't want to sell, you have to file an action for partition of property or sale in lieu. The court will order either that he buy out your interest or the house be sold and the proceeds shared.

  2. Florian Eqrem Tabaku

    Contributor Level 14


    Lawyer agrees

    Answered . What do you mean you own home loan? Are you on the title as well? If it is only your brother and your mother then you would have to look at the type of ownership and determine whether it is with rights of survivorship or not. If it is then the home will go directly to your brother alone. If the three of you are on the title and it is with rights of survivorship and you do not have any other siblings then it goes to both of you. If you wish to have the property sold and your brother refuses then you will have to petition the court to order a partition sale.

    I have provided some general ideas and options but this will require an in-depth discussion with an attorney to evaluate your options.

    Legal disclaimer: Mr. Tabaku may be reached at (240) 750-4663 or fetabaku@tabakulaw.com. Mr. Tabaku is an attorney... more
  3. David Raymond Mahood


    Contributor Level 18

    Answered . When you say you own the home loan, do you mean that you are the only one obligated on the mortgage? If so, How did that occur? Did you put down any down payment or did you do anything else to contribute to the value of the property? Have you completed any capital improvements on the property? Are you on title with your mother and brother? How is title held? As tenants in common or as joint tenants? There are many facts necessary to give you good legal advice. If you are on title or have a legally enforceable interest in the property, then when your mother dies you can file a lawsuit for partition and/or sale of the property and thus pull out your part of the equity. However, if your mother and brother are the only ones on title as joint tenants, then when your mother dies the title will vest completely and solely in your brother. Please provide further information for a more complete legal explanation.

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