Legal Question in Real Estate Law in New Jersey

primary residence property

My brother and I jointly own private residence(50%each). I need to seperate out and he says he will sell his share to me but is being difficult. He has mortgage on the property for 75% of the value of property. Mortgage was totally taken out by him. I have no mortgage on property, my share is all equity. Since he is not willing to solve this, what are my legal rights and where does this lead me to?


Asked on 10/20/07, 1:23 pm

2 Answers from Attorneys
John Corbett Corbett Law Firm LLC

Re: primary residence property

I would have to review the mortgage. Lender's will generally not mortgage half a property. So, it sounds to me as though there is something wrong with your description of the situation. Either you agreed to the mortgage (even though you might not be liable on the loan) or something different is going on. Either way, that question has be be answered before you can be helped.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/20/07, 4:36 pm
Robert Davies The Davies Law Firm, P.A.

Re: primary residence property

I have handled several of these. You have a fight on your hands. If he will not agree to what you want, then you will have to ask the Court to decide. That is expensive, so you will want an attorney to look over all of the paperwork and give you some advice.

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Answered on 10/22/07, 7:06 pm


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