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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.