I Need Help Peacefully Evicting My Brother

I Need Help Peacefully Evicting My Brother

Englewood, NJ · Member since 2018 · 26 posts · 7 votes

Please forgive the lengthiness of this post.

My situation isn’t unique, but there are one or two factors that make this situation, in my eyes, impossible.

My father passed three years ago. My husband and I decided to move into the house with my mother and two brothers (31 and 21 years old at the time), because my mother had impossible financial responsibilities and would ultimately lose her house.

My husband had always gotten along with all of my family members. After my father’s death, my mother wanted my 31-year old brother to contribute financially (he paid no rent, nothing toward utilities, nada). My husband and I assumed all responsibilities—mortgage, utilities, food, etc. Before this point, we had come together and decided to do so, the plan being to eventually buy the house, since we were already putting thousands of dollars into staying/living there already. My older brother refused to contribute anything. He eventually moved out a year later. He is not the issue right now.. just providing context.

My husband and I have always had a decent relationship with my 21-year old brother—despite the fact that he wasn’t working, smoked weed on the property (which we have since bought), was at times belligerent, etc. This all changed December 2016 when my husband had a convo with him about saving up money to eventually move out. I was 5-mos pregnant with our first child, and not only did we think that it would be beneficial for my brother to move out (he has never been to college, out on his own, kept a steady job, etc.), but we didn’t want our child exposed to his lifestyle. After said conversation (which was related in a calm, kind, and loving way), my 21-year old brother stopped speaking with us. The relationship has never been the same (over a year later).

In the past three years he worked for only ONE SUMMER—I reiterate that he never payed anything, smoked weed on the property, etc. My mom agreed to let him use her car so that he could make money Uber-ing. My husband and I Iet him use our EZPass. He never even gave us back the money that Uber reimbursed him for tolls (hundreds of dollars). He finally got a good job this past September, but unfortunately had no way to get there. My husband and I decided to buy him a used car to help him get back and forth, and my mother put him on her insurance.

We have spoken to him multiple times about SAVING MONEY to “eventually move out.” He has next to no bills—no car note, no rent, no electric, no water. He really doesn’t understand that we are supporting him—taking care of him. In the past months he has worsened in temperament and action. He has clear anger management problems. It has come to the point where I can’t even talk to him, because he curses us out, is disrespectful, brings weed around my 9-month old son, etc.

He has not shown us any good faith toward eventually moving out. He takes off from work... a lot, won’t work overtime because it’s “too cold.” We haven’t asked for rent, contribution of any kind.

The problem is.. he grew up in this house. He doesn't see that we could have easily helped my mother handle her affairs after my dad passed away and had her move in with us. We considered the whole family in making this decision. He sees this house as HIS house. He is extremely entitled and thinks he is owed everything. It’s always someone else’s fault. It’s almost as if he doesn’t realize that WE own the house now, we’ve been extremely lenient and kind for THREE years.

I don’t know what to do or where to turn. My mother has no idea how to handle this situation. My son is getting bigger and starting to understand more. I don’t want him repeating ‘f-bombs’ that he hears loudly shouted around the house, I don’t want him to be able to smell weed passing him everyday, and honestly.... my husband and I spent our newlywed year, I spent my whole pregnancy... in this extremely stressful situation. My husband is very patient (he actually has helped me with patience concerning my family), but we’ve reached the end of our rope.

Of course selling the house and moving is an option (a good one that we had considered for the past three years, having had so many issues with my siblings). However, it’s not the best financial option for us (especially having invested so much money in the house already—literally hundreds of thousands of dollars). Also, we already sold our home three years ago and sacrificed so much just so my mother and brothers wouldn’t be on the street. Moving here, inheriting debt, and eventually buying this house has never been beneficial to us in any way.

I don’t want this to escalate to anything physical or violent. I want peace and sanity. Any words of wisdom would be greatly appreciated.

Thank you!

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Investor · Independence, MO · Member since 2016 · 89 posts · 70 votes
8y
You are what’s called an enabler. He has more than enough time to get his crap together and still refuses to do so. Give him a 30 day notice to vacate and follow through with it. He will then be forced to get his crap together or not it’s all on him. The same thing happened with my aunt and ultimately led to a divorce for her so please don’t let him ruin your lives as well.
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  • Englewood, NJ · Member since 2018 · 26 posts · 7 votes
    8y

    I sincerely appreciate all the advice thus far. I encourage responders to read the entirety of what I wrote. I understand that there was a lot of enabling done for my brother. We inherited the issue, and just recently acquired ownership of the house. There wasn’t much we could do beforehand being that my mother was the actual owner of the house.

    My husband and I did what we thought was morally right at the time. Thanks.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    8y

    On the real estate part of this (you buying the house from your mom), if you did this just by your self I do think it might be worthwhile to pay for a few hours of attorney time to double check everything and make sure all the steps were done correctly and the property documents were recorded.  This sort of private, intra-family transfer is a common situation where title issues are created.  Unless there was a will that stated otherwise, full ownership should have gone to your mom when you dad passed.  But probate may have been needed, and the details will depend on NJ law.  A claim from your brother or a previously-unknown half sibling would throw a monkey wrench into this messy situation.

    On the brother part there comes a time when when you have to look out for yourself and your family rather than the person who's taking advantage of you.  The transition will likely be painful.  But your current situation is painful and its unlikely to improve.   Even if you take action, your brother may just continue down this road.  It may well end badly.  In the situation I mentioned in my first post the person involved put herself in some incredibly dangerous situations.  She survived, but a friend did not. I would try to get help for your brother.  But until he's ready to change he probably won't.  And as long as you allow him to live in this situation he probably won't ever get ready to change.  As unpleasant as it is he's just fine with it.

    When you're replying when quoting the previous post, be sure to type your reply after the quote.  Otherwise it gets partially hidden along with the quote.

  • Wholesaler · Fairfield, CA · Member since 2017 · 472 posts · 145 votes
    8y

    My ex-gf from middle school was like this until 3 months ago (21 years old). After she got a job she started improving, going to school, etc. I was still family friends with her parents and brother and got angry on occasion at her behavior but it was none of my business. I am now starting to see that she was kind of depressed because of a series of bad events in her life plus not having any clue what she wanted. I am not sure if you will be willing to evict so since you may likely continue to enable him one of your best options is to gradually puts some responsibility on his plate that he thinks he can handle and knows he is willing to do (mop the floor once a week, take out trash once every 2 days,etc). If you are not going to evict him then you have just adopted a 21 year old man-child.

    You will have to start very small and build him up. You are also taking your other family members along for the ride with you so you might want to consider them as well

  • Investor · Crystal, MN · Member since 2013 · 486 posts · 277 votes
    8y

    @Amanda B.

    I did read your entire post, and I think you own up to your mistakes.  That is good.   Renting to family is a mistake.  We made it as well.  My mother and father in law had a simple lease, really low rent, and a nice home.  This past year, my father in law became more belligerent, and the extended family was chiming in on what we should do for them.   Then they moved in someone, and their pets, and put him in a room that was not a legal bedroom.  When we confronted them with the options we thought would resolve it, they shut us down.  No communication.  They said they wanted 6 months to move.  I communicated through a relative that if they want to move, they have to move out now.  There is a lot more to the story that I won't share.  But they moved out, and didn't speak to us for months.  But, they do now.  It worked out better for all.

    I think there is one obvious solution that makes the most sense for your family, and for your sanity.  You have to take care of your family first, and I mean, you, your husband, and child.  That family unit has to take priority in all possible outcomes.

    Where you lay your head cannot be the solution to everyone else's need for housing.  Sell the house, and move somewhere that is just the three of you.  Solve your problem, not everyone else's problem.  I know it sounds heartless, but you've said it yourself...your own child can be affected.  Your mom is an enabler, as have you been.  You need to move, even if you take a loss, and not use your own family housing as an excuse to solve other family members problems.    

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y

    Another important point to consider is your mother. She has enabled your brother for all this time and she may agree with you in private, but what if you have this sit-down with everyone......is she going to back you up or is she going to cave to your brother, because she feels sorry for him? Will he be able to wrap her around his finger and convince her that you're the bad ones? 

    Just wanting to make you aware that it'd be really important that you'll have a serious talk with your mother, before you have that talk with the brother, and make her aware how important it is that she'll back you up, because he may turn on her , which can be difficult for a mother to deal with. 

  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    8y
    Originally posted by @Jon Holdman:

    On the real estate part of this (you buying the house from your mom), if you did this just by your self I do think it might be worthwhile to pay for a few hours of attorney time to double check everything and make sure all the steps were done correctly and the property documents were recorded.  This sort of private, intra-family transfer is a common situation where title issues are created.  Unless there was a will that stated otherwise, full ownership should have gone to your mom when you dad passed.  But probate may have been needed, and the details will depend on NJ law.  A claim from your brother or a previously-unknown half sibling would throw a monkey wrench into this messy situation.

    On the brother part there comes a time when when you have to look out for yourself and your family rather than the person who's taking advantage of you.  The transition will likely be painful.  But your current situation is painful and its unlikely to improve.   Even if you take action, your brother may just continue down this road.  It may well end badly.  In the situation I mentioned in my first post the person involved put herself in some incredibly dangerous situations.  She survived, but a friend did not. I would try to get help for your brother.  But until he's ready to change he probably won't.  And as long as you allow him to live in this situation he probably won't ever get ready to change.  As unpleasant as it is he's just fine with it.

    When you're replying when quoting the previous post, be sure to type your reply after the quote.  Otherwise it gets partially hidden along with the quote.

     I am not sure why people keep questioning the sale.  Is there something I am missing?  In death, a property transfers to the surviving spouse (Community Property with Right of Survivorship or similar), unless, under RARE occasion that the spouses took title as separate entities (Sole and Separate or Tenants in common, etc).  

    The OP's mom is LIVING.  Therefore, the property title was transferred to HER, then she SIGNED it over in a SALE to her daughter and husband.  I don't think there is any need to nitpick the sale's legitimacy at this point.

    PLUS, I don't think there would be any question of a will either for the same reason.  Money and assets should transfer to the living spouse.

    So, focus people.  The question is about the brother and how to get him out in the most efficient way. :)

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y
    Originally posted by @Cara Lonsdale:

    So, focus people.  The question is about the brother and how to get him out in the most efficient way. :)

     Just because you want it to be that way doesn't make it so. Every state has different intestate laws, so, it's not a given that it all goes to the spouse. There are states, where ,without a will, half of the estate goes to the surviving spouse and the other half is evenly split among the decedent's children, regardless of their age. So, it all depends on their local NJ probate law. 

    @Rick Harmon might be able to shed some light on that end. 

  • Investor · Philadelphia, PA · Member since 2010 · 739 posts · 372 votes
    8y

    @Amanda B.

    Don’t take this the wrong way please

    But I didn’t read in the post where you actually own the house and have the legal ability to evict someone.  It sounds like the house is in your moms name - is that correct?   Is she on board with booting your bro?

    You can’t just go down to city hall and try to evict someone out of a house you don’t own, let alone have a rental license for

    Be careful

  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    8y

    @Michaela G. New Jersey's intestate succession laws would not be relevant here unless these two divorced OR the deed specifically stated that they were tenants in common... which almost never happens with spouses. 

    So in all likelihood upon the death of the one spouse, title to the property vested in the survivor as a matter of law.

    Gimer Law516 Reviews
  • Investor · Philadelphia, PA · Member since 2010 · 739 posts · 372 votes
    8y
    Originally posted by @Cara Lonsdale:
    Originally posted by @Jon Holdman:

    On the real estate part of this (you buying the house from your mom), if you did this just by your self I do think it might be worthwhile to pay for a few hours of attorney time to double check everything and make sure all the steps were done correctly and the property documents were recorded.  This sort of private, intra-family transfer is a common situation where title issues are created.  Unless there was a will that stated otherwise, full ownership should have gone to your mom when you dad passed.  But probate may have been needed, and the details will depend on NJ law.  A claim from your brother or a previously-unknown half sibling would throw a monkey wrench into this messy situation.

    On the brother part there comes a time when when you have to look out for yourself and your family rather than the person who's taking advantage of you.  The transition will likely be painful.  But your current situation is painful and its unlikely to improve.   Even if you take action, your brother may just continue down this road.  It may well end badly.  In the situation I mentioned in my first post the person involved put herself in some incredibly dangerous situations.  She survived, but a friend did not. I would try to get help for your brother.  But until he's ready to change he probably won't.  And as long as you allow him to live in this situation he probably won't ever get ready to change.  As unpleasant as it is he's just fine with it.

    When you're replying when quoting the previous post, be sure to type your reply after the quote.  Otherwise it gets partially hidden along with the quote.

     I am not sure why people keep questioning the sale.  Is there something I am missing?  In death, a property transfers to the surviving spouse (Community Property with Right of Survivorship or similar), unless, under RARE occasion that the spouses took title as separate entities (Sole and Separate or Tenants in common, etc).  

    The OP's mom is LIVING.  Therefore, the property title was transferred to HER, then she SIGNED it over in a SALE to her daughter and husband.  I don't think there is any need to nitpick the sale's legitimacy at this point.

    PLUS, I don't think there would be any question of a will either for the same reason.  Money and assets should transfer to the living spouse.

    So, focus people.  The question is about the brother and how to get him out in the most efficient way. :)

    I disagree Cara.  This is a real estate forum, not a family dispute forum.  If I was a judge prove to me that OP has the right to evict this person from the house.

  • Kevin SantosPro Member
    Realtor · Audubon, NJ · Member since 2016 · 63 posts · 30 votes
    8y
    Amanda, I agree with the tough love sentiment on this post. Allowing him to continue living this way is enabling him, if it were me I’d come up with a strict action plan with a date he must be out by. Be fair and firm. His feeling of entitlement isn’t going to disappear while he continues to live his life smoking weed, being lazy, living off the work of others. With no contribution to your expenses and disrespecting your wishes of not bringing weed around the newborn, he’s gotta go! I’ve seen others pay a family members rent for small apartment while making them pay utilities and everything else. If they want to eat, have electricity and hot water, they have to get off their butt and earn it. Might be an immediate solution for you if your finances allow you to do this and you don’t have the heart tell him no more freeloading. You can also promise X amount of months rent to get him started, say 3 months and then he’s gotta do it on his own, find a roommate, etc. Best of luck! Kev
  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    "Thank you for the advice. However, my husband and I are definitely not the problem"

    You most definatly are the problem. Back in December 2016 when he refused to pay any money and at that point in time your husband did not take him by the ear and lead him out to the curb you and he assumed full responsibility for your problem. Your inability to put him on the curb makes you fully responsible and I will assume you are still not prepared to take any action if you have not taken any of the advice given and put him on the street today.

    Your brother is a leach in every possible way and you and your husband are voluntary hosts. No one here is able to help you if you are incapable of helping yourselves.

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y
    Originally posted by @Tom Gimer:

    @Michaela G. New Jersey's intestate succession laws would not be relevant here unless these two divorced OR the deed specifically stated that they were tenants in common... which almost never happens with spouses. 

    So in all likelihood upon the death of the one spouse, title to the property vested in the survivor as a matter of law.

    That may be true, but OP does not state anywhere that the house was actually in both, her mother and her father's name. Many real estate transactions used to be done by the man of the family and often the wife's name was not added. Hopefully, that's not the case here. Often times people just assume that it would go to their spouse, even though their name is not on the deed. 

    I constantly have to deal with properties where the houses were given on to family members, with everyone's understanding that that person was supposed to have the house, without doing proper probate. And 30 years down the line someone is trying to sell it and finds out that there are 20 cousins, who all now legally have a stake in the house, because there was never a will. 

  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    8y
    Originally posted by @Chris Purcell:
    Originally posted by @Cara Lonsdale:
    Originally posted by @Jon Holdman:

    On the real estate part of this (you buying the house from your mom), if you did this just by your self I do think it might be worthwhile to pay for a few hours of attorney time to double check everything and make sure all the steps were done correctly and the property documents were recorded.  This sort of private, intra-family transfer is a common situation where title issues are created.  Unless there was a will that stated otherwise, full ownership should have gone to your mom when you dad passed.  But probate may have been needed, and the details will depend on NJ law.  A claim from your brother or a previously-unknown half sibling would throw a monkey wrench into this messy situation.

    On the brother part there comes a time when when you have to look out for yourself and your family rather than the person who's taking advantage of you.  The transition will likely be painful.  But your current situation is painful and its unlikely to improve.   Even if you take action, your brother may just continue down this road.  It may well end badly.  In the situation I mentioned in my first post the person involved put herself in some incredibly dangerous situations.  She survived, but a friend did not. I would try to get help for your brother.  But until he's ready to change he probably won't.  And as long as you allow him to live in this situation he probably won't ever get ready to change.  As unpleasant as it is he's just fine with it.

    When you're replying when quoting the previous post, be sure to type your reply after the quote.  Otherwise it gets partially hidden along with the quote.

     I am not sure why people keep questioning the sale.  Is there something I am missing?  In death, a property transfers to the surviving spouse (Community Property with Right of Survivorship or similar), unless, under RARE occasion that the spouses took title as separate entities (Sole and Separate or Tenants in common, etc).  

    The OP's mom is LIVING.  Therefore, the property title was transferred to HER, then she SIGNED it over in a SALE to her daughter and husband.  I don't think there is any need to nitpick the sale's legitimacy at this point.

    PLUS, I don't think there would be any question of a will either for the same reason.  Money and assets should transfer to the living spouse.

    So, focus people.  The question is about the brother and how to get him out in the most efficient way. :)

    I disagree Cara.  This is a real estate forum, not a family dispute forum.  If I was a judge prove to me that OP has the right to evict this person from the house.

     Chris, the OP's question is NOT whether she CAN.  She knows she can.  It's HER property. It is HOW she should.  She already made clear that the property is owned by her.

    I agree that this is a real estate forum, and that this subject matter isn't necessarily geared toward that.  It is more periphery, but responders can chose to engage in the conversation to help.

  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    8y
    Originally posted by @Michaela G.:
    Originally posted by @Tom Gimer:

    @Michaela G. New Jersey's intestate succession laws would not be relevant here unless these two divorced OR the deed specifically stated that they were tenants in common... which almost never happens with spouses. 

    So in all likelihood upon the death of the one spouse, title to the property vested in the survivor as a matter of law.

    That may be true, but OP does not state anywhere that the house was actually in both, her mother and her father's name. Many real estate transactions used to be done by the man of the family and often the wife's name was not added. Hopefully, that's not the case here. Often times people just assume that it would go to their spouse, even though their name is not on the deed. 

    I constantly have to deal with properties where the houses were given on to family members, with everyone's understanding that that person was supposed to have the house, without doing proper probate. And 30 years down the line someone is trying to sell it and finds out that there are 20 cousins, who all now legally have a stake in the house, because there was never a will. 

     The OP stated that the mom sold the house to her daughter.  If she didn't have the ability to do this, then the daughter wouldn't have been able to purchase from her.  Deeds aren't just signed over on paper napkins you know.  Again, stick to the point.  You're straying off into the woods.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    8y
    What you do may depend a lot on your mom's support. If you get him out and she lets him in (intended or not) you are fighting a losing battle. Ejecting him wont work if that is the case. Then you need to sell the house and move. He's 21 so there's a lot of maturing to happen so maybe not so entrenched as the older brother but you need a unified approach. Start by setting rules and following through, just to demonstrate with smaller stuff that when you say he is out in x days, you will follow through. Is he a tenant? did he ever pay rent? If not the process for getting him out may be ejectment and what you can do before and during occupancy is different then an eviction. You need a lawyer to discuss that with. In any case it has to be more uncomfortable to live with you than move.
  • Investor · Philadelphia, PA · Member since 2010 · 739 posts · 372 votes
    8y
    Originally posted by @Cara Lonsdale:
    Originally posted by @Chris Purcell:
    Originally posted by @Cara Lonsdale:
    Originally posted by @Jon Holdman:

    On the real estate part of this (you buying the house from your mom), if you did this just by your self I do think it might be worthwhile to pay for a few hours of attorney time to double check everything and make sure all the steps were done correctly and the property documents were recorded.  This sort of private, intra-family transfer is a common situation where title issues are created.  Unless there was a will that stated otherwise, full ownership should have gone to your mom when you dad passed.  But probate may have been needed, and the details will depend on NJ law.  A claim from your brother or a previously-unknown half sibling would throw a monkey wrench into this messy situation.

    On the brother part there comes a time when when you have to look out for yourself and your family rather than the person who's taking advantage of you.  The transition will likely be painful.  But your current situation is painful and its unlikely to improve.   Even if you take action, your brother may just continue down this road.  It may well end badly.  In the situation I mentioned in my first post the person involved put herself in some incredibly dangerous situations.  She survived, but a friend did not. I would try to get help for your brother.  But until he's ready to change he probably won't.  And as long as you allow him to live in this situation he probably won't ever get ready to change.  As unpleasant as it is he's just fine with it.

    When you're replying when quoting the previous post, be sure to type your reply after the quote.  Otherwise it gets partially hidden along with the quote.

     I am not sure why people keep questioning the sale.  Is there something I am missing?  In death, a property transfers to the surviving spouse (Community Property with Right of Survivorship or similar), unless, under RARE occasion that the spouses took title as separate entities (Sole and Separate or Tenants in common, etc).  

    The OP's mom is LIVING.  Therefore, the property title was transferred to HER, then she SIGNED it over in a SALE to her daughter and husband.  I don't think there is any need to nitpick the sale's legitimacy at this point.

    PLUS, I don't think there would be any question of a will either for the same reason.  Money and assets should transfer to the living spouse.

    So, focus people.  The question is about the brother and how to get him out in the most efficient way. :)

    I disagree Cara.  This is a real estate forum, not a family dispute forum.  If I was a judge prove to me that OP has the right to evict this person from the house.

     Chris, the OP's question is NOT whether she CAN.  She knows she can.  It's HER property. It is HOW she should.  She already made clear that the property is owned by her.

    I agree that this is a real estate forum, and that this subject matter isn't necessarily geared toward that.  It is more periphery, but responders can chose to engage in the conversation to help.

    I’m not convinced.  Read @Jon Holdman post above

  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    8y

    Q: How can I evict my deadbeat brother from my house?

    A: It's not your house.

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  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y
    Originally posted by @Cara Lonsdale:

     The OP stated that the mom sold the house to her daughter.  If she didn't have the ability to do this, then the daughter wouldn't have been able to purchase from her.  Deeds aren't just signed over on paper napkins you know.  Again, stick to the point.  You're straying off into the woods.

    Again, your condescention is incredible. Do you have any idea how often people think they own a house, because it was their father's or the spouses and if they haven't done any legal procedures, as OP admitted they hadn't, all kinds of thing can come up. This may not come up if you only work in the suburbs, with newer houses. But houses that people have owned for many years, they often don't know everything. And spouses often assume that a house automatically rolls over to them and they think they can sell, when that's not necessarily the case. 

    OP states that they've put several hundred thousand dollars into the house, which makes it seem that they bought the house with cash. Which again could mean that they never did any formal title search and don't know exactly how title looks.  And it could easily be that the house was in the father's name, but didn't have the mother on title. 

    You can't just make assumptions, just because you want certain things be a certain way. I constantly deal with title problems and I enjoy the puzzle of figuring it out. I have bought many properties, where other investors had given up on after years, because they just couldn't figure it out. So, stop pretending that you know details about this situation, that the OP never explicitly explained. 

    Hopefully, there's no problem with the title, but she should definitely sit down with an attorney to find out for sure. 

  • Rental Property Investor · SF Bay Area, CA · Member since 2015 · 206 posts · 156 votes
    8y

    First off...what a mess.  Obviously this is a very complex issue.  From a cultural standpoint, having a 24-ish year old child still living at home with the parents isn't unheard of (I'm Asian).  It's common in my culture for one's child to live at home until he or she is married and has enough money saved to move out (even if that means late 20's, 30s).  Plus, it's expensive in CA where I live.

    Now, for the house situation. As others questioned, is the house in fact legally under your ownership? (I apologize if you've already answered this, but I didn't read through the entire thread.) Your younger brother (and perhaps even your other brother in his 30's), may feel that they are entitled to a portion of your parent's estate...even if you did make the decision to move-in after your father died and pay the mortgage and other needs for some time.  

    Your brother (at least the younger one) may be acting out because he feels you are taking the house from under him.  If you haven't taken steps to legally to transfer the house under your name, then your brother may have a valid claim. 

    Perhaps buying him out would be an option in that case? Anyway, just my $0.02, as I'm trying to see this from a differ. angle. 

  • Englewood, NJ · Member since 2018 · 26 posts · 7 votes
    8y
    No worries. It was in my mother’s name until last month. We hired a lawyer and closed on the house at the end of the year. She’s on board. My dad was mostly the enabler. But now the ‘monster’ is so big and belligerent, it’s like, what do we do? Now we’ve decided on legal action, because there was no other way.

    Originally posted by @Chris Purcell:

    @Amanda B.

    Don’t take this the wrong way please

    But I didn’t read in the post where you actually own the house and have the legal ability to evict someone.  It sounds like the house is in your moms name - is that correct?   Is she on board with booting your bro?

    You can’t just go down to city hall and try to evict someone out of a house you don’t own, let alone have a rental license for

    Be careful

  • Englewood, NJ · Member since 2018 · 26 posts · 7 votes
    8y
    Not our house. In 2016, we couldn’t have done anything. It was my mom’s decision. She chose not to. Now one month in to owning the house, we’re seeking proper legal action as opposed to being messy and doing some impulsive that would come back to bite us later.

    Originally posted by @Thomas S.:

    "Thank you for the advice. However, my husband and I are definitely not the problem"

    You most definatly are the problem. Back in December 2016 when he refused to pay any money and at that point in time your husband did not take him by the ear and lead him out to the curb you and he assumed full responsibility for your problem. Your inability to put him on the curb makes you fully responsible and I will assume you are still not prepared to take any action if you have not taken any of the advice given and put him on the street today.

    Your brother is a leach in every possible way and you and your husband are voluntary hosts. No one here is able to help you if you are incapable of helping yourselves.

  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    8y
    Originally posted by @Michaela G.:
    Originally posted by @Cara Lonsdale:

     The OP stated that the mom sold the house to her daughter.  If she didn't have the ability to do this, then the daughter wouldn't have been able to purchase from her.  Deeds aren't just signed over on paper napkins you know.  Again, stick to the point.  You're straying off into the woods.

    Again, your condescention is incredible. Do you have any idea how often people think they own a house, because it was their father's or the spouses and if they haven't done any legal procedures, as OP admitted they hadn't, all kinds of thing can come up. This may not come up if you only work in the suburbs, with newer houses. But houses that people have owned for many years, they often don't know everything. And spouses often assume that a house automatically rolls over to them and they think they can sell, when that's not necessarily the case. 

    OP states that they've put several hundred thousand dollars into the house, which makes it seem that they bought the house with cash. Which again could mean that they never did any formal title search and don't know exactly how title looks.  And it could easily be that the house was in the father's name, but didn't have the mother on title. 

    You can't just make assumptions, just because you want certain things be a certain way. I constantly deal with title problems and I enjoy the puzzle of figuring it out. I have bought many properties, where other investors had given up on after years, because they just couldn't figure it out. So, stop pretending that you know details about this situation, that the OP never explicitly explained. 

    Hopefully, there's no problem with the title, but she should definitely sit down with an attorney to find out for sure. 

     My response to you was not condescention.  It was annoyance, quite honestly.  If you would have READ the post from OP throughout the thread, she made it clear that SHE owned the house, and that her mom sold it to her.  So all these questions that stray off point, just clutter the thread.

  • Englewood, NJ · Member since 2018 · 26 posts · 7 votes
    8y
    Huh? It is my house. My husband and I bought it last month. 

    Originally posted by @Tom Gimer:

    Q: How can I evict my deadbeat brother from my house?

    A: It's not your house.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    8y

    @Cara Lonsdale while I agree getting slacker brother out of the house is the question being asked, the @Amanda B. made this post early in the thread:

    No to all three questions.

    Originally posted by @Michael Biggs :

    @Amanda Bernard Did you get title insurance? Did your dad have any children with a woman besides your mother? Are either one of his parents alive?

    If there's no title insurance then I'm guessing this transfer was just done at the county recorder.  Even if mom gave Amanda a warranty deed, mom may not have had the ability to do that.  For all we know it was done with a quit claim.  Had this transfer been done at a title company with a title search and title insurance there would be no question about ownership.  But for all we know brother has a will that state the property (or even a tiny percentage) was given to him when dad died.  Or there's a half sibling nobody knows about that might pop out of the woodwork, something title insurance would cover.  Or the property was just in dad's name and probate would be needed to transfer title to mom and was never done.  Or maybe everything is just fine.  Had Amanda said, "yes, there is title insurance" I don't think any of us would have voiced a concern.

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