Sacramento, CA asked in Real Estate Law for Utah

Q: My mom has been paying everything on her house that she thought was hers now my brother wants half the mortgage

She was suppose to be the deed and my brother the co-sign she doesn’t understand or speak English good so she trusted him and his been lying all this time now he’s moved in and been threatening her to sell the house and wants half the money when he’s not even paid a penny is he entitled to half the money when he hasn’t paid anything

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1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore
  • Spanish Fork, UT
  • Licensed in Utah

A: This is unfortunately one of the situations we warn against if a parent is considering adding their child as an owner on their home. The main question will be whether your mother was manipulated or bullied into the transfer. If she was not unduly influenced by your brother, and she really wanted him to be a part owner of the home when she made the transfer, then she will stuck with it. She does have the option to sell the home and keep her half of the sale, just to be free of your brother.

On the other hand, if your brother is treating your mother badly, there are many things that can be done to stop him. If he is physically dangerous, she can go to court and get a restraining order. Further, Adult Protection Services in Utah will investigate your brother's actions and it may be determined that he is criminally liable. If a transfer of interest to your brother was the result of fraud or undue influence, then that transfer can sometimes be reversed.

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