Expert: Dick Dennis - 9/26/2006

Question
One other problem...my sister has no intention of selling our home. Compared to rents in our neighborhood, our mortgage is fairly affordable.
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Followup To

Question -
Hi Mr. Dennis,

First I must say that this website is fantastic. I noticed many responses to co-ownership. I too have a sister who is not consistent with timely mortgage payments among other things.

We purchased our home in New Jersey 10 years ago. She is unable to commit to any repair payments as she is on disability and she has a limited income. Our home needs a new roof, plumbing repairs, a new porch and partial sidewalk. I could just try to apply for a grant to make repairs, but she this does not give her any responsibility. Repairs are not on her priority list even though it is effecting her standard of living.

My sister's has a boyfriend of twenty years. Both have poor credit. Her adult boys are in college and working part time, so she actually has only one dependent.

I'm just fed up I guess. Our gas and electric provider requires entrance once per month to get actual meter readings. When they don't the bills are sky high once they get the actual reading. Both her and her boyfriend become hostile when I ask them if the electric & gas company got access, and if my sister can work out her schedule to be home once per month. They dance around questions.

Somehow I end up paying their share of the water bill and heating bill until they are able to reimburse me whenever that is, and I always get attitude from them.

She wants to move her son's into the basement of our home, but she doesn't believe they should pay rent.

Now that I think about it, I should have found out what my sister's long term plan would be for managing her share of the bills consistently, but I didn't. When we purchased this home, her boyfriend didn't even live with in our home. Now her answer to everything is when (he gets paid) or (ask him).

How do I resolve this madnes? Can I do this without bruising egos? Can I hire someone else to do this and legal enforce some type of management plan?

My family has a tendency of ignoring bills and authority. Do I have any authorative rights as the primary owner?

Once she didn't pay an extremely high electric and gas bill, and the company cut off the gas. The only reason they did not cut off the electric is becuse her breathing disability requires her to use special equipment. I occupy the second floor of our home, and she occupies the 1st floor. I ended up giving up my entire $3,000. tax return to resume our service.

I just can't understand how someone so short in the pocket just recently threw her daughter a sweet 16 party, and somehow helped her youngest son purchase a car because her boyfriend now takes his to work and she can't run her errands. I however fear buying a car in case something goes wrong and she can't meet some bill.

At the age of 40 I just started college so I have begun to secure loans to pay for my education, so now I have more debt than income. Do I get out of this deal and leave my family to take full responsibilty of our home? can I do this and get something out of the deal. With their bad credit will the mortage company even let me?

This is stressing me out. I don't like fighting about money, but something has to give. What do you suggest? What are my options?

Help, Please....

Jersey City



Answer -
You need to contact a real estate attorney and have the property sold through a partition (the attorney knows what that is). Whatever you sell the property for, any equity that remains will be divided amongst the owners. That way you get to be apart from you sister and you can go about your own life without her chewing you up.

I do wish you well.

Dick Dennis

Answer
It doesn't matter if she wants to sell or not. The court will decide how and when it is going to be sold when you file a partition partition with a real estate attorney. The main thing is that you want to get away from that drain.

You can have her buy (ha, ha, ha) your half of the property with a loan of her own, too, but I doubt if that is going to happen, too.

I do wish you well.

Dick Dennis