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Legal Question Update
Old 06-01-2020, 08:13 AM
  #1

Here is what my lawyer said:

Unless you got a court order he would have to sign off (on the sale), as it is the matrimonial home. He needs to sign the agreement and the will need to sign the deed when we go to transfer it. Your mom gave him 50% of the house so I guess from a practical standpoint he has some say in the price too, but he canít be unreasonable. If he doesnít cooperate then you may need to go to court. Hopefully, he will come around. It is still early and maybe now that things are opening up you will see some more action on the house. It is not just your house that is not selling Ė it is a tough go right now for all sellers. You may want to point out that the head of the CNHC predicts housing rates will go down 10-20% so the value may not be what he thinks it is and if you get a reasonable offer you should take it. As for utilities, he is the one using them so he should be paying them. Maybe that will help motivate him to sell.

This is the original thread

http://www.proteacher.net/discussion...d.php?t=635600

So the bill is going back in his mailbox and we will go from there!

I keep you posted with any updates. Thank you so much, you were all very helpful!


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utility bills
Old 06-01-2020, 08:34 AM
  #2

Are the bills in his name? If they're still in your mothers, the utilities need to be notified that she is no longer living and the accounts need to be transferred to his name.
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Old 06-01-2020, 08:36 AM
  #3

Very interesting, thanks for sharing. Iím glad to read he should be paying for his own utilities.
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Old 06-01-2020, 09:20 AM
  #4

Thank you for updating, thatís interesting. Now please let us know if any of this changes his opinions or if he starts paying the utility bills.
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Old 06-01-2020, 09:25 AM
  #5

What I know heís going want is for me to pay for what he canít afford and then for it to come out of his side of the estate.

I havenít decided 100% how Iím going to deal with it yet, but Iíll let you. I am going to call the utility company though and find out how I go about doing that.


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electric bill
Old 06-01-2020, 09:31 AM
  #6

Very sorry to hear you having to deal with this. My brother also had dollar signs in his eyes when it came to the price for selling a jointly owned home. He was not happy at all with the price the realtor set, wanted to go way higher, and the realtor said he wouldn't be able to work with us if my brother wanted to be unreasonable about the price. As it is, since I was living in the house at the time, the realtor and I set the price and it sold in a month for what I think was a true value. My brother grudgingly signed off on the sale.

And by the way, since I was living in the jointly owned house, I paid all bills, paid for minor upkeep, paid property tax, etc. I don't think he or my sister contributed a dime towards it. That was our agreement and I think it was fair. My sister was living solely in the cabin we all own, and she had the same arrangement. Now, since I am living up here with her, we've made arrangements as to who pays which bill. It's working out fine.

I have since had to put up with ugly comments from brother a few times and I simply look at him and then ignore his comment. I'm tired of justifying the price to someone who won't listen or think reasonably.

I wonder if the electric company can offer you some direction. They must have come across something similar, perhaps with renters who don't pay, etc.
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Legal update
Old 06-01-2020, 09:43 AM
  #7

Thanks for filling us in. Good info.

Maybe this will help:
When we moved my mom into assisted living, my brother and kids were still living in her house. Mom paid the utilities for over a year while I try to sort out her Alzheimerís mixed up finances.

When it was time for my brother to pay the utilities, I told him I was going to call utility companies and have them ďshut offĒ gas, electricity, water and close the accounts. He then had to follow right behind me and open new accounts in his own name. He wasnít happy, but I forced his hand. He was already living there rent free for two decades.
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Old 06-01-2020, 10:02 AM
  #8

Thatís why Iím waiting a few days before I do anything. It would be nice if I could talk to him about it he didnít get all Squirrley on me .

Time for Bed-my brother also thinks the price of the house is fair! It probably would be in normal conditions but house prices have tanked since Covid. I can wait it out. This money is just bonus for me. My stepfather canít so youíd think heíd want it settled.
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Old 06-01-2020, 12:01 PM
  #9

Thanks for the update!
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Old 06-01-2020, 04:18 PM
  #10

Please find out if this is doubable, if the estate can pay with reimbursement at a later date. My mom paid out things because my aunt didn't [aunt lived in house] but my mom could not take out the money she paid out from her own money. It had to be split evenly without my mom being reimbursed $$$.

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What I know he’s going want is for me to pay for what he can’t afford and then for it to come out of his side of the estate.


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Old 06-01-2020, 04:52 PM
  #11

I will check that out Klarabelle. Thereís no mortgage so itís just taxes and utilities. He should be able to manage.
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Old 06-02-2020, 08:47 AM
  #12

I put the bill in his mailbox this morning, letís wait to see if I get a phone call.
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