Q: my mother and i invested in a home together. We are both on the deed. my brother just took over as her power of attorney
Can my brother sell the home?
A: You will want to consult with an attorney in person with all the details. However, he can either sell you his portion or he can file an action for it to be sold if you cannot buy him out. However, generally he cannot simply sell it without you consent since you are also on the deed. However, you do need to sit down with an attorney to discuss in more detail.
A: If the power of attorney is broad enough, he can do anything your mother could do. He is restricted by the terms of the power. Unless there is language or agreement that prevents it, your mother could sell her one-half interest in the house, just as you could sell your1/2 interest. He could not sell your interest unless there is some agreement giving your mother that right. Most buyers are reluctant to buy a 1/2 interest in a house. He could file a partition action, which could force the sale of the house. You should consult with an attorney to be advised of your best course of action.
Charles Watts agrees with this answer
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