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My mom owned a home with her boyfriend (an attorney), and she passed away in Nov. 2015. Mom was his legal secretary for many yrs prior to her illness. She filed a beneficiary deed in 2014 to give her share of the home equally to her kids. (She owned 25% of the home) Her partner was told this by mom prior to her death; as she and he were not getting along, and she would have left him if she had recovered, (she had brain cancer). Previous to this, he was the one who was on the beneficiary deed. He was not happy about it and continues to think we are basically stealing his retirement money. Now that mom has passed, we have removed her from the beneficiary deed. There are 4 of us kids.
My mom's partner got an appraisal of the property which came under its value and I will at some point get my own. He was considering refinancing the mortgage to pay us. He offered less money (almost half what he owes us) to settle this. We declined, and gave him an option to pay the full amount over time, but he refused. We are now at a stand still. On top of this, my siblings and I are not in agreement as to the amount we would settle for. Some are so stressed out that they would take almost nothing to make this go away, while I feel he owes us what he owes us, and that is it. I don't care what it takes, he will pay me what he owes me. So, that leaves me needing my own legal help as I am not using the attorney that my sisters hired for their portions. There is a mortgage on the home-in his name only. So: 1. Do we have to pay any portion of this mortgage? Either towards the monthly payments or deducting the balance of the mortgage when calculating the equity? 2. If he continues to refuse to pay us, do I file a motion to sell the property? Or a partition of asset? What do I do? 3. I live in Maricopa County, Arizona as does the property in question that he (and only he) continues to live in. Since we aren't using the property-does he owe us rent of any kind for full use? THANKS!!!

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You will definitely need a lawyer.

Basically, you are holding the property as Tenants in Common and each owner has the right to use the entirety of the property as they wish.

You cannot charge him rent. However, you can move in with him.

You can sell your share to anyone you like but you cannot force him to buy it.

If and when you all agree to sell then the proceeds would be divided up in proportion to your holdings.

Do we have to pay any portion of this mortgage?

No, you do not need to pay, however, ...

Did your mother agree to her share of the property being security for this loan or is the security only over his share? If your mother's share was mortgages then your share is mortgaged - if he doesn't make the payments the lender can seize your share. If not, they can only seize his share.

If he continues to refuse to pay us, do I file a motion to sell the property? Or a partition of asset? What do I do?

Nothing as there is nothing you can do. As I said all of the owners are free to enjoy the property. You could move in with him or hold barbeques in the back yard at 3am if you want to annoy him. Beyond that you are stuck.

Since we aren't using the property-does he owe us rent of any kind for full use?

No.

... he will pay me what he owes me.

He owes you nothing. He doesn't have to buy your share if he doesn't want to.

  • I do not have to continue to be an owner in a property I do not use. I can force him to sell, no? – JulieAZ Sep 30 '16 at 10:54
  • Isn't that what a partition of asset is? – JulieAZ Sep 30 '16 at 10:54

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