My husband and I bought a house 13 yrs ago to take care of my Grandparents, due to none of their daughters could qualify nor could they take care of them. My Aunt and Uncle went on the Deed of Trust (not on the Note) to pay 1/2 of the pymt. Now I am in a financial situation that I need to sell the house and can no longer have it on my credit in order for me to do anything for our future. My Grandparents are elderly and need assisted lived to add to the situation. My Aunt refuses to sell the house and basically wants them to die in the house. Do I have any rights to sell this house without my Aunt and Uncles approval since they are NOT on the Note nor has anyone stepped up to refinance the house and buy me out. I really don't have the money for an attorney and have been looking for Real Estate laws but cannot find anything.
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2I am sorry to hear of your difficulties but the questions you are asking have to deal with legal issues, and thus off-topic for this forum. Even suggestions as to how you should proceed (not legal advice) would need a lot more information from you because property laws vary from state to state and country to country.– Dilip SarwateNov 8, 2014 at 14:47
1 Answer
Sorry, but I think you really do need an attorney here. This is the kind of minefield where knowing all the precedents and edge cases can make a huge difference in what you can or can't do, and a misplaced comma can make or break your case.
Note that AT BEST you could sell your own interest in the house -- owning the note does not mean owning the property, it only means that they issued the note on the strength of your share of the property. And a half-interest in a single family house has little value outside the family, except to sell it to whoever owns the other half.
Which is probably the best answer: Sell your half to your Aunt, if she can afford to buy it. She then gets sole control of the house, and you get the money you seem to need right now, and everyone in the family is much less stressed.
