Legal Question in Real Estate Law in Michigan

Hello,

So my fiance and his sister were left their dad's house when he died 50/50. Sister lives in Penn. My husband moved back here to live in house, clean it up, get ready to sell when market improves, finish masters degree. My fiance and his sis agreed (no contract) to split condo dues, prop. taxes like they would of had to regardless of house having an inhabitant. My fiance pays for utilities, ect. Sister doesn't want to split fees anymore, thinks she can force my fiance to move out and put house on market now, "because she wants to and it's her right to change her mind." I don't think she can legally force him to do anything, short of suing him. Can't he just say to her "nice try sis, but I'm not ready to move yet. We'll deal w/ selling the house in a year or so when I'm ready". Legally how can he prove to his sister that she has to back off and she doesn't control the situation, or legally does he not have a leg to stand on? Btw, he offered to take over all payments (she has not paid anything so far) so she can walk away.


Asked on 7/31/10, 5:35 am

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

I'm assuming the house was deeded to both of them by dad before he died. If it is in probate, I would have totally different advice. I would agree with the sister in this case. If she sues (her only option to force things) I could see a judge ordering the house up for sale now. Timing is always of the essence and will usually carry the day.

He should continue to negotiate with her on a reasonable solution or wind up losing in court. www.kliszlaw.com. Tim Klisz

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Answered on 8/05/10, 5:47 am


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