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Backwoods911

Sale of House by Brother

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Multiple years ago, my parents house was purchased by the state for airport expansion. At the time, they were going through marital difficulties and my father wanted to split the money and separate. My mother convinced him to try again (the marriage difficulties were on her) and they purchased a larger house. My father put down 50 thousand dollars of money from the sale of the old house as a down payment (his money). Because his credit was poor, the house was purchased in her name and my God father's (my dad's brother). A couple years later my mother left, and my father was left living in the house with his children (me included).  From the beginning, my father has made the mortgage payments. When he lost his job, he was unable for 4 months and the house was put on the market by his brother. He has been employed again for a year, continuing to make the payments. He offered to pay the back payments to his brother, but his brother refused. The house has remained on the market and an offer was recently put on it that was below their original cost of purchasing the house. If it sold today, it would leave him with no money gained from the sale. Including eviction issues with an oral lease, what are our options? My father has health issues and still has 2 children living in the house.

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You say "his money" but don't mention whether parents are divorced.

If it can be established that house was held in brother"'s name for X purposes, your dad may be able to stop sale.

Not sure why the hell he waited so long/last minute.

May be better off trying to get dough from your mother.

There is no "our" in this. Dad must talk with local real estate atty.

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My father put down 50 thousand dollars of money from the sale of the old house as a down payment (his money).

 

What do you mean by "his money"?  If the money came from the sale of the former marital home, why wouldn't it be marital property (which is both of their money)?

 

 

 

A couple years later my mother left

 

And....was never to be heard from again? Did she or your father file for divorce?  If so, is the divorce final?  Or are they still married?  If they are divorced, how was the title to the house handled in the divorce?

 

 

 

If it sold today, it would leave him with no money gained from the sale. Including eviction issues with an oral lease, what are our options?

 

Your father's not on title, so it's arguably not his house.  Of course, you said your mother is on title, and her interest in the property is probably marital property, which gets us back to my question about whether your parents are still married or are divorced.  It is odd that you didn't say anything about your mother after telling us that she left.  Since she is on the title, your uncle can't sell the house without her signing off on the sale.

 

If your parents are divorced, then we need to know how the house was dealt with in the divorce decree/judgment.  If they're still married, then your father needs to contact a family law attorney ASAP.  If he acts quickly, he can protect his marital interest in the 50% of the house in your mother's name.  However, if she signs off on the sale before he takes action, then the house will be sold and you'll have to move.

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Hi Backwoods911,

 

Welcome to the community and thanks for posting! Considering the complexity of this issue, you and your father should consider consulting with a real estate attorney (as other users have suggested). If you need help finding one in your area, you can use our Lawyer Directory—many offer free consultations.

 

Best of luck!

The FindLaw.com Team

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