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My brother and I went in on real estate, now I need help obtaining the paperwork.

Asked almost 3 years ago - Walsenburg, CO

A few years back my brother asked for help on buying property. The deal was he got 40 acres and I got 40 acres, we signed the contract but I never got a copy and his wife keeps making up excuses to get the contract. The whole deal was in his name, the seller didn't want to break it up between us both at the begining and now my bro and his wife went and got it refinanced with their church, I don't know if I am on it now or not. I want it in my name now, what steps should I take?

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Attorney answers (1)

Mark L Fowler

Reputation Level 8

Answered almost 3 years ago. Bankruptcy Attorney in Mesa, AZ.

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Since you stated that your brother needed help with the purchase of the property, then I assume you have contributed money to the deal. If he is refinancing and you were never asked to sign anything then I can also assume that your name is not associated with the property (not on the deed). If they continue to shut you out and not honor the contract then you can file a suit for breach of contract. It is a bit risky since it sounds like you do not have a copy of the contract. Another way of proving your involvement in the property is to show that you contributed money to the purchase of the land. If you start the breach of contract action you would then be able to demand production of all of the documents associated with the purchase, ownership and refinance of the land.

Please take note that I am licensed in Arizona and not in Colorado. This information is intended to be general in nature and is not intended to be legal advice or create an attorney/client relationship. Please consult an attorney licensed in Colorado before taking any legal action.

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