What to do if my brother and I share a home which was left to us by our parents and we have a loan on it which is in his name but he doesn’t contribute anything?

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What to do if my brother and I share a home which was left to us by our parents and we have a loan on it which is in his name but he doesn’t contribute anything?

I pay all the bills including the loan that is in his name. How can I legally remove my brother from the home?

Asked on November 2, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The way to get the money your brother owes you for the portion of the home that you two own that you pay for him is for him to sign a promissory note for the amount you pay on his behalf and a trust deed securing the loan and record it on the property he owns. When the property sells, you will be able to get the principle and accrued interest owed you.

I suggest that you consult further with a family law attorney on the matter.


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