Half ownership of home but my name is not on the title

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Half ownership of home but my name is not on the title

I own half of a home with my brother. My half is paid in full but he carries a mortgage for his half. The problem is my name is not on the title. What options do I have? Should I buy out his half and rent the home out to him? Or is there another solution.

Asked on June 23, 2009 under Real Estate Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your name isn't on the title, as far as the law is concerned, right now you don't own it at all.  And your brother's mortgage company might not let your brother simply deed half the house to you, unless you're willing to go on the mortgage as well.  This is a very difficult situation.

Obviously, there is a lot of background here, and there's a good chance that all or most of that background is very important.  The longer you let this go, the harder it is likely to become for you to assert your rights.  So I think you need to see an attorney in your area, as soon as possible, to get reliable advice based on all of the facts.  One place to find a qualified lawyer is our website, http://attorneypages.com


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