Can sibling legally take my half of house.

UPDATED: Oct 1, 2022

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Can sibling legally take my half of house.

Father transferred house ownership to my brother and I before he died. Brother now says he is going before a judge to have the property turned over to him exclusively. Is this a thing he can do?

Asked on June 13, 2018 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The issue is--why does he think he has a right to your interest in or share of the house? Not knowing the basis for his alleged claim, we cannot definitely answer, but as a general matter, if your father properly transferred ownership to both you, he has no grounds to take your share of the home--neither owner can force the other to give up his/her interest in real estate. And if your father's transfer to the two of you was legally invalid for some reason (e.g. if your father was mentally incompentent when he transferred the home), that would seem to invalidate his interest in or ownership of the home, too. It is difficult to see grounds for him to be able to take your share or interest.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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