Legal Question in Real Estate Law in New Jersey

join ownership of primary residence

I and my brother own our primary residence jointly (50%) each. He has mortgage which he has used for his benefit upto 70% of the house value. Can I force him to repay the mortgage on the house? I am not liable on the mortgage although the mortgage is on the house jointly owned by me.


Asked on 11/28/07, 4:38 pm

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: join ownership of primary residence

Why, oh why, would you sign off on the papers to let him put a mortgage on the house and then take all the money? You did sign, did you not? And you did not put anything in writing about him repaying.

This is now a bit unclear. You will need a lawyer's advice to unscramble the mess. I can not say what a Judge would rule. There are too many important facts that I don't know. While it would make sense for him to have to repay the mortgage (or in some other way, take it out of his share of ownership of the house), I can not tell whether that is what will happen in court if you had to fight this in court.

Please, go get some advice from an attorney. You want to get him to do the right thing without having to fight with him, but you need some guidance and assistance.

Call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

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Answered on 11/29/07, 1:45 pm


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