LisaB
06-26-2007, 12:36 PM
My mother in-law passed away a year and a half ago. She owned her home yet loans had been taken out on that home and the bank was going to take it. My husband assumed the debt by taking a loan out. The problem we are having is his sister was living with his mother before she passes and we explained to her that she could stay in the house until it was sold but she would have to pay money each month due to the fact that we assumed $60,000 loan to save the house. The way his mother had it drawn up was she owned 50% my husband had 25% and his sister had 25% tenants in common ownership. We sent to a probate lawyer and they are in the final stages of taking his mothers portion and putting that into his name and then he will have 75% ownership of the home. The problem is in order to sell it and get the maximum amount for the home we need to get into the house and fix things up and that will cost us more money. His sister will not leave the residence in order for us to do that and the house is slowly deteriorating and to top is off we have not received any money from her since the first of the year. She has no job and no means of taking care of the home and it is costing us an additional $800.00 a month for that house. My husband and I both work fulltime and have four kids to support and because of that house it is breaking us while his sister lives in it and is not paying a dime. We need to know if we have can take any type of action to get her out so the house can be fixed up and then put on the market. We have explained to her over and over again that she will get her 25% once the house is sold but in order to do that she needs to leave because we cannot do anything while she is living in it and if we did it would just be trashed before we even had a chance to put it on the market and we would be out even more by putting money into it to sell.