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Asked about 1 year ago - Bennettsville, SC
FlagProperty was sold to sister and brother by their mother Brother refused to sign contract or give any money now he is on the deed and insisting on full control
I am not licensed in SC but in general, the parties who signed/didn't sign the purchase contract are of no consequence to whom is listed on the deed. If the brother didn't contribute any funds towards the purchase, it sounds like the mother was in error by putting him on the deed. If there are two parties in title to a property, they both have an ownership interest and control right in the property and cannot exclude the other party in title from either. It sounds like the best course of action may be for one party to buy the other party out, taking into consideration how much money was put towards the purchase and the value of the property. If that sort of agreement cannot be reached amicably, the other option may be to put the property up for sale and split the proceeds equitably (again, taking into consideration how much money each party spent towards the purchase/upkeep of the property). If all else fails, there is a mechanism in most states to go through the court system and force the sale of the property - it is called a partition action. It can be expensive and complicated, however, and you should seek the advice of a local real estate attorney before taking that sort of leap. I hope this has been helpful, and best of luck to you.
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