QUESTION

Who owns the home between the two brothers?

Asked on Mar 14th, 2013 on Landlord and Tenant Law - Delaware
More details to this question:
Two brothers agreed to buy a home. Their names are on the home and a statement unmarried adult males as joint tenants only brother and his wife paid the house off and has lived there for 30 years the brothers lived there for eight year before the married and all are married now.
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4 ANSWERS

Litigation Attorney serving Bakersfield, CA at Dessy & Dessy
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The home is owned by both brothers equally, however, unless one of the brothers removes the home from joint tenancy (by deeding his interest to himself as a tenant in common with the other brother), the surviving brother will become the sole owner, after the first brother dies. The brother that paid off the home or paid for repairs, taxes and insurance (in the name of both brothers) does not get any credit for those payments, except to the extent that they exceed the fair market rental value of the home. If the brother in possession made improvements (as opposed to repairs) that brother is entitled to a credit to the extent of the increased value attributable to those improvements. The resolution of the joint ownership issues between the brothers is addressed in California under the law of Partition.
Answered on Mar 18th, 2013 at 8:40 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Generally both brothers still own the house and their wives may have dower rights.... unless the occupation was adverse and without permission...e.g., if the one brother who lives there has claimed he owned it adversely.. e.g., against the other brothers wishes, then he may own it pursuant to the doctrine of "adverse possession".
Answered on Mar 17th, 2013 at 6:15 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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They both own the house. Depending on what the deal was, one brother may owe the other brother something. If they can't work it out between them, they should consult with an attorney to sort out, if possible, who owes whom what.
Answered on Mar 15th, 2013 at 10:28 AM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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If brothers still on deed as joint tenants, they own home jointly.
Answered on Mar 15th, 2013 at 10:27 AM

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