Expert: liznarr - 2/23/2006

Question
Hi I am asking this fo my mom. I will try and make this short...My mom moved to fl. 17 yrs ago and bought a home and for security reasons put my brother on the title. He has now becam very abusive toward her and wants to sell and move up here with me. The problem is his name is on the title. I am fearful for her well being. She now realizes it was a mistake to put him on the title. She has proof that she paid for the home. She is also willing to compensate him for help with any upgrades he has helped with. He lives with her and does not pay the taxes she does. The situation with him living with her is bad and she can not live by herself. Thankyou for any advice you can give me Debbi

Answer
Hi Debbi,

Sorry to hear about your difficult situation.

You did not say whether the abuse by your brother is verbal or physical.  If he is physically abusive to your Mother, I hope that you will remove one or the other ASAP; and good luck with that.

Your question is one dealing more with a legal issue, but I will give you some general information.  I would suggest that you consult with an attorney immediately.

If your brother's name has been on the title for 17 years and now wants to sell – and your Mother does NOT want to sell -- he may well have that right.  I just do not know Florida law on this topic.  You could apply the same reasoning to a husband and wife who had been married for 17 years.  Even though the husband worked and always paid the mortgage payments, the wife would probably have a 50% interest in proceeds of the sale, and vice versa.  


Worst-case scenario is that if your brother were to take legal action himself, he “might” be able to force a sale, or either demand compensation for one-half the value of the home, less any existing mortgage.  If he were to do this, your Mother “might” have some offsetting counter claims against him – such as laundry services, food prep, etc., over the years – and maybe you and your Mother can think of more.  Again, this would be an attorney question.

I'm sorry that I cannot give you any more specific advice, but please seek competent legal advice as quickly as possible.

I hope the above is helpful and points you in the right direction.  If you have additional questions, please do not hesitate to write again.

Regards,
Elizabeth Narr