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Re: WWYD....I need advice....lawyers welcome to read. LONG
I read it as her mortgage as well.
Hopefully she will come back on to respond.
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Posted 1/30/09 5:27 PM  |
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lovemy2boys
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Re: WWYD....I need advice....lawyers welcome to read. LONG
Posted by Mikismom
Posted by headoverheels
i am sorry, but i do not agree with you here.
i know it sucks, but your FIL left your BIL the house. maybe he meant for him to sell it and give you half... maybe he didn't. now that he is gone, no one will ever know.
but the fact of the matter is, none of us are entitled to anything. i know times are tough but you and your DH made the decision to have children and purchase a house with a $2500 mortgage. it's not BIL's responsibility to help support you or alleviate the debt you have chosen to accrue. if he was just well-off, without the house, would you expect him to help pay your mortgage then, just because he doesn't have a wife and kids?
i am very sorry if that sounds harsh but that is how i see it. 
I'm sorry to say that I completely agree......you really have no LEGAL standing. FIL gave BIL the house, that is it 
sorry I agree. I would be upset too, but it's too late your FIL already had it that way for whatever reason. you have no leg to stand on with this, why would your BIL buy you out and have a huge mortgage bill? Try to feel fortunate that your FIL left you money, but know that one day your kids will be helped with the sale of that home.
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| Posted 1/30/09 5:31 PM |
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Lillykat
going along for the ride...
Member since 5/05 16253 total posts
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Re: WWYD....I need advice....lawyers welcome to read. LONG
I don't think you have any standing b.c it was in the will (unless he was incompetent). Also just a thought but if you hire a lawyer would he try to say you own half the house therefore are responsible for 1/2 the taxes?
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| Posted 1/30/09 5:44 PM |
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KateDevine
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Re: WWYD....I need advice....lawyers welcome to read. LONG
Posted by nov04libride
Posted by Seles81
I could be mis-reading the OP but to me it sounds like she is upset that she has to pay $2500 a month for a house that she doesn't live in, while she is struggling financially. I agree with you in that it's not fair in that sense.
I read it as her own mortgage for her house is $2500, and she is resentful that BIL has no mortgage (or a small one?). It stinks, but I don't think he legally could be forced to sell or buy you out when the will left him the house.
That's how I read it as well, that she has her own mortgage.
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| Posted 1/30/09 5:59 PM |
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missrock
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Member since 5/06 3808 total posts
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Jennifer
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Re: WWYD....I need advice....lawyers welcome to read. LONG
I never thought I'd get so many responses.
I understand what all of you are saying, but I dont agree with it at all. I DO want to stay out of it and let my DH handle it. It just urks me to no end. Im that type of person. When something really upsets me I kind of get myself in trouble, well my mouth does that.
And honestly, im not forcing my DH to do anything. He is the one that brought all of this up to me. He was the one to originally come up to me about it and I agree with him. He is just as angry as I am about it. I know I dont have say in it. Im really not an idiot. I knew that from the beginning. I am just encouraging my DH to speak up about it and maybe work something out. My DH also thinks that his name might have been added to the deed, which technically entitles him to maybe something. Not sure about that.
My DH has aways been the quiet, sit back kind of a guy and lets everyone walk all over him adn take advantage of him and I dont like to see people doing that to him - not even his brother. I told him to just have a one on one with him (nicely) becuase I DONT want him to ruin the relationship between them because both their parents are deceased. I just know that if the roles were reversed by DH would work somethign out with his brother no matter what.
I have always resented my BIL, never really liked him much. He is so selfish and only cares about himself, IMO. I guess I have other problems with him and its all coming out regarding this house thingy. Out of all our family (immediate) he was the only one that didnt even come to the hospital to visit his niece the day she was born. He did come after but everyone was at the hospital that day. That says a lot about his character, IMO.
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| Posted 1/30/09 7:12 PM |
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KateDevine
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Re: WWYD....I need advice....lawyers welcome to read. LONG
Posted by missrock
My DH also thinks that his name might have been added to the deed, which technically entitles him to maybe something. Not sure about that.
Just FYI all this means is that when the house is sold he gets 1/2 of the house and he has to consent to selling the house. It means BIL cannot "sell the house from under him" and that your DH can't do the same.
As for who lives in the house, it means squat when it comes to that.
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| Posted 1/30/09 8:09 PM |
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nrthshgrl
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Re: WWYD....I need advice....lawyers welcome to read. LONG
Posted by KateDevine
Posted by missrock
My DH also thinks that his name might have been added to the deed, which technically entitles him to maybe something. Not sure about that.
Just FYI all this means is that when the house is sold he gets 1/2 of the house and he has to consent to selling the house. It means BIL cannot "sell the house from under him" and that your DH can't do the same.
As for who lives in the house, it means squat when it comes to that.
Actually I believe if his name is on the deed, he should be able to force the sale of the house. He would have to go to court for it.
You must have a copy of FIL's will. Actually - I'll FM you.
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| Posted 1/30/09 9:05 PM |
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Re: WWYD....I need advice....lawyers welcome to read. LONG
Posted by mzsocialworker1
I read it as her mortgage as well.
Hopefully she will come back on to respond.
Your right, I re-read it....
I really don't have anything else to add except what all the girls already have said. Parents have their reasons for doing things even though we might not always agree with it.
I hope things work out
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| Posted 1/30/09 10:03 PM |
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stickydust
Now a mommy of 2!!!
Member since 4/06 3164 total posts
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Re: WWYD....I need advice....lawyers welcome to read. LONG
If your husband's name is on the deed you need to determine the structure of the deed. Not all parties to the deed may necessarily have equal positions. If their names are on the deed as tenants in common than the only way to cause BIL to force a sale is to sue in court for a partition.
Please note that I am not a Real Estate or a Trust and Estates attorney and as such this is not considered legal advice but rather my personal opinion.
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| Posted 1/30/09 10:24 PM |
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Re: WWYD....I need advice....lawyers welcome to read. LONG
Missrock: I am sorry that you and your husband are going through this stress. I don't know where you live, but I do know a really decent attorney in the Massapequa area who may be able to assist you and your husband to see what your options are, if any. Send me an FM if interested.
From your posts, it sounds like maybe your husband isn't even sure what his dad left to him in regards of the house. Someone who specializes in that should help him interpret that at the very least.
I also have a DH who won't stand up to people early on, and then I have to hear him vent about it for months so I feel your pain in that area too.
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| Posted 1/31/09 6:50 AM |
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