I need assistance with how to obtain legal rights to my property back.

UPDATED: Oct 1, 2022

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I need assistance with how to obtain legal rights to my property back.

My house went into forclosure and my cousin offered to help me out with a loan to take it out of foreclosure.
-He had me sign a paper that reiterated our verbal agreement that we could acquire our property back when we paid him back the money plus interest.
-He had me sign a deed granting him 1/2 interest in the property for his assistance.
-He says that he has controlling interest and had his brother move in and only pay 1500.00 of the mortgage when we should have been able to rent it out for at least 2600.00 to help pay mortgage.

Asked on January 4, 2019 under Real Estate Law, Hawaii


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You may not have any rights to get the home back if your cousin is honoring the terms of the agreement he signed and given that you gave him a half-interest in the property, which makes him as much an owner as you and gives him a right to rent it out (the same as if you'd rented it out first, you could have set the rent: either owner may rent the space out). You can enforce the terms of your agreement, but that doesn't help you if they are already being honored.
The most you could do is bring a kind of legal action traditionally called an action "for partition" (your state may have a different name for it) in which you ask the court to force a sale of the house, with the proceeds being split between the owners: that is the law's only remedy for when the owners of real estate cannot decide on what to do with it--to force a sale and so dissolution of the joint ownership.

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.

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