kw_uh97 Posted February 10, 2013 Share Posted February 10, 2013 Hello All I have relatives that have inherited their mothers home due to her passing away. One of the siblings have the money and wants to repair and renovate. He has not decided if he wants to rent it or reside and take on the responsibility of continuing the mortgage payments after repairs until its paid off. However he has a small problem with the other sibling. The other sibling has occupied the house and unwilling to leave, but is unable to pay the monthly note. The sibling that is able to make the payments is not wanting to provide a place for his non-working sibling and wants the other sibling out. They received the first non-payment notice or foreclosure notice, not sure exactly, however is there anything that can be done by the able sibling to get the other sibling out of the home to move forward with payments and repairs? Thanks in advance. Link to comment Share on other sites More sharing options...
Golyadkin Posted February 11, 2013 Share Posted February 11, 2013 metrosolutions.org had one that showed all of the individual streets and mapped out the routes on a real map rather than an station map. Unfortunately they took it down a while back and I can't find it anywhere. Link to comment Share on other sites More sharing options...
kylejack Posted February 11, 2013 Share Posted February 11, 2013 How long has the person been living there? If they've been living there a while (previously with permission) then they have at least all the rights that any tenant would have and you'd have to go through a normal eviction process. You say they inherited the house, though. Who inherited the house? Whose name is on the title? If this person who isn't paying actually has some ownership of the house, it's going to be a lot more difficult. Link to comment Share on other sites More sharing options...
infinite_jim Posted February 11, 2013 Share Posted February 11, 2013 You can't evict only one of two owners on the deed. A quick sol'n would be for the working sibling to sign off on a quit claim deed to convey sole ownership to the non-working sibling. Link to comment Share on other sites More sharing options...
Golyadkin Posted February 11, 2013 Share Posted February 11, 2013 Why on earth is my post that I made about the light rail map in this thread? O.o Link to comment Share on other sites More sharing options...
kylejack Posted February 11, 2013 Share Posted February 11, 2013 Why on earth is my post that I made about the light rail map in this thread? O.o Because you were tired and posted in the wrong thread? Or a mod screwed up and merged your post out to the wrong thread. Link to comment Share on other sites More sharing options...
Golyadkin Posted February 11, 2013 Share Posted February 11, 2013 Because you were tired and posted in the wrong thread? Or a mod screwed up and merged your post out to the wrong thread. Either is possible. I'm certain I never saw this thread before getting a notification that my first post was liked, but it was almost 2 am, so... Link to comment Share on other sites More sharing options...
kw_uh97 Posted February 12, 2013 Author Share Posted February 12, 2013 Well maybe inherited is the wrong word. The working sibling would like to continue making payments on the existing mortgage that was in his mothers name and lived there, I recently found out. However the non-working sibling moved in after the mother's death and is unwilling to leave. "convey sole ownership to the non-working sibling", that sounds like handing the property over to the non-working sibling and letting the property go to waste and inevitably foreclosure. Did I understand you correctly? Link to comment Share on other sites More sharing options...
kylejack Posted February 12, 2013 Share Posted February 12, 2013 Well maybe inherited is the wrong word. The working sibling would like to continue making payments on the existing mortgage that was in his mothers name and lived there, I recently found out. However the non-working sibling moved in after the mother's death and is unwilling to leave. "convey sole ownership to the non-working sibling", that sounds like handing the property over to the non-working sibling and letting the property go to waste and inevitably foreclosure. Did I understand you correctly? You didn't answer the question of who owns the house. I guess I'll assume they both own it. If they both own it, the non-paying sibling can't be evicted simply for refusing to pay the mortgage, at least not by the other owner. The one who is willing to pay can move in to the house presumably, but I don't see how they're going to make the other person leave. Link to comment Share on other sites More sharing options...
kw_uh97 Posted February 12, 2013 Author Share Posted February 12, 2013 You didn't answer the question of who owns the house. I guess I'll assume they both own it. If they both own it, the non-paying sibling can't be evicted simply for refusing to pay the mortgage, at least not by the other owner. The one who is willing to pay can move in to the house presumably, but I don't see how they're going to make the other person leave. I'm sorry, thought I answered your question with .... The working sibling would like to continue making payments on the existing mortgage that was in his mothers name....so I guess neither owns the house and the answers you all have provided, unfortunately sounds like this is going to end badly. However thanks for the help. Link to comment Share on other sites More sharing options...
Ross Posted February 12, 2013 Share Posted February 12, 2013 The sibling that wants to pay can file a partition action to force the non-paying sibling to sell their half. The paying sibling will then own the property, or it will be sold and the proceeds split. But, I am not a lawyer, and I may be completely wrong. Talk to a real lawyer for the details. Link to comment Share on other sites More sharing options...
RedScare Posted February 12, 2013 Share Posted February 12, 2013 Has anyone filed the mother's will for probate? It sounds like no one has. If the property has not gone through probate, it needs to, or else no living person owns the house. Follow Ross' advice. Consult a lawyer. Link to comment Share on other sites More sharing options...
kw_uh97 Posted February 12, 2013 Author Share Posted February 12, 2013 Thanks again for all the advice. Link to comment Share on other sites More sharing options...
dbigtex56 Posted February 13, 2013 Share Posted February 13, 2013 Self interest vs. what's fair vs. family loyalty. You have to choose. Sometimes it sucks to be an adult. Link to comment Share on other sites More sharing options...
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