Legal Question in Real Estate Law in Louisiana
sibling owned property
my brother&I own property that was gifted to us by our father who is now deceased.I live in ca and my brother lives in the house w/ friends.He`s always lived w/ our parents& isn`t to bright. I pay ins. on the house.Am I setting myself up for a big problem?I have assets I`m worried about.The only proof we have of ownership is the paperwork that was filed and notorized at the courthouse.After my father died,they said that was all we needed for proof of ownership. Also what do I need to do to make sure the house is all mine if he died,the paperwork we have doesn`t state anything about joint tendancy w/right of survivorship.
4 Answers from Attorneys
Re: sibling owned property
Can't answer these questions without knowing more. Yes, if you don't know the answers to your questions you may be setting yourself up. Hire a lawyer to unravel the issues and advise you what to do.
Re: sibling owned property
Yes, you are setting yourself up for problems. If the deed does not state the property is held in joint tenancy then it is not and your brother can give his half to whomever he wants to. If someone is injured on the premises or a fire starts there and spreads to the neighbor's house, you and your brother are jointly liable, i.e., either one of you owes up to the full value of the liability, not just half. His friends may get him to do something that is harmful to you; he may tell them that they can live there rent free for the rest of their lives. I do not know what paperwork you filed at the Courthouse so can not comment on that.
You need to read some books on property ownership and then sit down with your brother and figure out ways to avoid future problems, or at least find out enough from him that you can go to an attorney to get him to draw up the paperwork.
Re: sibling owned property
I do not know what state the property is in, but it is the law of that state that would apply. However, I agree with Mr. Shers that you could have problems.
Re: sibling owned property
I do not know what state the property is in, but it is the law of that state that would apply. However, I agree with Mr. Shers that you could have problems. In Louisiana, you each own 1/2 of the whole property, and each of you can give or sell his half. The law does not force you to own property in indivision in Louisiana, so you can either put it on the market, or if you brother does not want to sell or buy you out, then ask the court to have it sold at sheriff's sale.