how can i get this house without paying anyone?

Get Legal Help Today

 Secured with SHA-256 Encryption

how can i get this house without paying anyone?

My sister has been living with my mother for 30 years, in jan of 2008 my mother was put in a nursing home her house was already paid for but she had put the house in all 4 of her children’s names in 2006 and we each own 25%. she continues to live there but the house is for sale. last year she paid the taxes and the homeowners insurance in lieu of any rent as per our verbal agreement. The house has been listed since August of 2008 and recently has had many showings, the three of us are trying to sell this house and have offered it to my sister but she doesn’t want to buy it she insists that she is entitled to it all since she lived there and paid the taxes, altho she only paid them for 2008, my mother had paid all house expenses prior to entering the home, even tho that was the agreement, we are concerned that when it comes time to sign the final papers after it is sold she will refuse, is there any way she can just take full ownership of this house without any recourse by us? She has been talking about squatters rights, and we think she may be getting advice is this a concern?

Asked on July 5, 2009 under Real Estate Law, New Jersey

Answers:

GW, Member, Michigan and Hawaii Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not licensed in your jurisdiction and this matter seems pretty complicated, so I'll start by strongly suggesting that you and your siblings consult a lawyer who is licensed. Basically, you are engaged in one of the classic legal conflicts: cotenancy. Under the laws of most states, you and your siblings would be liable to your sister for whatever taxes and insurance she paid under a legal theory called contribution. On the other hand, under the laws of most states, you all have the right to use the property. You could even move in with her in many cases. You should talk to a lawyer before tryinig this, though. I'm unaware of any sort of "squatters rights" that arise from a cotenant living in the property in which she has an 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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption