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Who is the owner?

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J

josiem

Guest
What is the name of your state? Pennsylvania


Please advise. I bought a home with my sister last year and both of us co-own the property equally. Both our names are on the mortgage loan and on the deed. The down payment totalling less than $20,000 was provided by my father who was also to reside at the house. Initially, my sister was only to help us secure the mortgage, but then she decided to move in. My husband, who was my boyfriend at the time also lives with us. So it is four of us living in the house. To make a long story short, the situation just recently went sour because of a dispute between my father and my husband. It is really petty and not worth mentioning. Anyway, my father and my sister are taking it to the extreme and are forcing us to move out of the house. The cost of living expenses are divided between my sister, husband and me. My father pays nothing towards anything but the phone. The total mortgage, which includes the HOI and Taxes is approx. $1339. We pay $1400 a month. I pay $500, my sister pays $500 and my husband pays$400. I told them that I am just as much a owner of the house as anyone of them and I will not leave unless they sell the house and divide it equally. My father insists that since he provided the initial deposit, that the house belongs to him. In actuality, he had given the money to my sister and me, but he conveniently forgot due to the friction in the house. I had the money in my personal savings account, to which I added my sister's name. I have all the statements of transactions. Basically, the money was all of ours, he would ask me for some time after time to gamble and I would use it as I saw fit without any approval from him. See, he is a paraplegic, unemployed and I was he care taker since Dec 1999 when he came to this country. He had some money, which he had brought from Jamaica to assist me with the expenses. Now he is saying that he took care of himself and I did nothing. My sister, who did not lift a finger is saying the same thing. I lived with the man for 4 years and paid all the bills with a little help from him in 2000 $300/ month and when I was laid off in 2001 and he sold his house in Jamaica, some of that money helped with the bills. Other than that I paid everything else. How can he say that I did nothing?
My contention is that with my income and credit, the house was bought and now they are trying to push me out and leave me with nothing. My name would be left on the house and they could sell and get all the equity. My sister lived by herself with no responsibility for my father at all and now she wants everything. How is she more entitled than I am, because my father favors her at the moment? My question is, can they deny me half of the sale of the house, if I were to force it?
 


Esquire555

Junior Member
If you are on the deed, you are entitled to half the proceeds from the sale of the property. In order for them to take you off the deed they would have to refinance.
 

rainmand

Member
In California, if co-owners cannot agree on use, sale, or possession of a piece of property, they may have to go to court to resolve the matter in a partition action. In a partition action a joint tenant or tenant in common asks the court to split the property in a fair and just manner. Real property may be difficult to divide and partial interests may be difficult to sell, so a court will usually order that the property be sold and proceeds from the sale distributed to the co-owners in relation to their interests.

I don't know if it's the same in Pennsylvania, but it's worth looking into.
 
excellent

Yes, the courts will handle this similar to a divorce. If the parties cannot agree on an equitable seperation for all, the court will (most likely) require the property be bought out or sold.
If you don't want to move, you can offer to buy out your sisters interest (her protion of equity.)
Your father has no interest in the house. His GIFT for down payment was a gift. The gift does not give him an interest.
Keep emotion seperate from fact.

Good luck,

BriantheBanker :cool:
 

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