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  • property question... brother's wife is threatening to sue us

    This is my first time doing this. But I will try to make my story short...my brother and I purchased a property with two mobiles on it one was financible and the other didn't count because of its age. But it is financed in my brother's name and we each put $5000 down on the property. We both been living at each place for ten years now. He then married, moved out and left the property for us and his wife is trying to get more money out of us. My husband and I just pulled a loan to fix up the place that isn't financible with my brother's consent of remodel. His wife then put our places for sale on Facebook and Craig's list without telling us. So we are moving. My husband pulled all the windows and doors we just put in which my brother is well aware of and ok'd but she's threatening to sue us. I just don't know what to do...

  • #2
    re: property question... brother's wife is threatening to sue us

    No action has been taken yet just want to be prepared just in case because we know how she is. Plus they've been married for 3 yrs now and purchased the property way before they were married.

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    • #3
      re: property question... brother's wife is threatening to sue us

      I wish to inform you that the property has been purchased before your brother got married, therefore, it is not marital property. Further, the owner of the property is your brother and all improvements to the property have been made by you with his consent. If your brother wants you to vacate the premises, you may demand the cost of improvements made to be paid to you as oral consent is a valid consent. If he does not resolve the matter, you may file a lawsuit in the Small Claims Court if the amount of claim is within its jurisdiction. You may place all the facts before the Court so that it can decide the matter.

      AFF

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      • #4
        Re: property question... brother's wife is threatening to sue us

        Originally posted by nursingjewel
        This is my first time doing this. But I will try to make my story short...my brother and I purchased a property with two mobiles on it one was financible and the other didn't count because of its age. But it is financed in my brother's name and we each put $5000 down on the property. We both been living at each place for ten years now. He then married, moved out and left the property for us and his wife is trying to get more money out of us. My husband and I just pulled a loan to fix up the place that isn't financible with my brother's consent of remodel. His wife then put our places for sale on Facebook and Craig's list without telling us. So we are moving. My husband pulled all the windows and doors we just put in which my brother is well aware of and ok'd but she's threatening to sue us. I just don't know what to do...
        If anyone were to institute suit, one would think it would be YOU, not your brother's wife. You and your brother are co-owners of the property, not his wife.

        What needs to be done is to put the skids to her attempts to sell the property immediately. You can file suit, called a 'quiet title' suit accompanied with a lis pendens filed at the recorder's office of your county. You can then get an injunction against her with the suit filed to stop her from representing she has any interest in the property, trying to sell it pending the outcome of the suit. The lis pendens alone is notice to the world that there is a lawsuit pending to determine ownership of the property so anyone who would attempt to take title risks taking an invalid instrument.

        First and foremost, the property , your brother's interest in it is your brother's separate property and remains separate unless and until his wife can prove she put her own money and/or efforts into improving it. She has absolutely no right in the interim to try to sell the property.

        As a practical matter, it would be best to consult with and retain a real estate attorney to advise and represent you for the lawyer knows the applicable law, can prepare, file and maintain a competent suit, file whatever anxillary pleadings or documents necessary such as a lis pendens and injunction if he or she believes necessary.

        You may also wish to post a notice on craigslist that the property she is trying to represent, purporting is her own, she does not own.

        Comment


        • #5
          Re: property question... brother's wife is threatening to sue us

          Originally posted by AFFA View Post
          I wish to inform you that the property has been purchased before your brother got married, therefore, it is not marital property. Further, the owner of the property is your brother and all improvements to the property have been made by you with his consent. If your brother wants you to vacate the premises, you may demand the cost of improvements made to be paid to you as oral consent is a valid consent. If he does not resolve the matter, you may file a lawsuit in the Small Claims Court if the amount of claim is within its jurisdiction. You may place all the facts before the Court so that it can decide the matter.

          AFF
          This is incorrect information. Questions regarding real estate, the ownership of, for example are outside the jurisdiction of small claims courts. Such suits must be brought in superior court, a court of general jurisdiction.

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          • #6
            Re: property question... brother's wife is threatening to sue us

            We need further clarification on 3 issues. How is the land titled? How is each trailer titled?
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

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            • #7
              Re: property question... brother's wife is threatening to sue us

              Originally posted by Disagreeable View Post
              We need further clarification on 3 issues. How is the land titled? How is each trailer titled?
              A quiet title suit settles title -- not just on the ostensible record but where equitable interest has been acquired and property rightly should be titled in another person's name in whole or in part.

              In this case there was an initial contribution of money for the down payment, then improvements made to the property by the poster which gives equitable title which would be settled with a quiet title suit.

              That is the one of the purpose of a quiet title suit -- to give someone legal title to a property in which they have acquired equitable interest -- or to clear a party's interest out of a property if the facts so warrant.

              So how title stands now is immaterial. There was no evidence the wife ever acquired any recorded interest in the property from the facts in the original post. So she has no right to advertise it as her own for sale, especially since it is her husband's separate property.

              The matter is for the court to decide and clarify for the parties and record.

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              • #8
                Re: property question... brother's wife is threatening to sue us

                Thank you all for the great advice. My brother and I are no longer on speaking terms because of her. I just want to put my hands up and walk away but he's stating we need to leave the place liveable when it wasn't in the first place. But yes if it boils down to it. I have kept every text message, pictures of the places, and facebook statuses she posted about my husband and I. So sad that things like this happens between families I was more then willing to pay half of the mortgage until it sold and we could of just got out of it after that but they don't want to talk to me about anything so kind of stuck. Thank you all again I truely appreciate it.

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                • #9
                  Re: property question... brother's wife is threatening to sue us

                  Since you did not answer my questions, simple as they were, by all means pay a lawyer thousands to chase FIC's method and hope it works. Your state would be helpful also.
                  Due to a recent promotion, I should now be referred to as Major Obvious.

                  I would not be trying to provide information and knowledge if I did not sympathize.

                  Some days it is just not worth chewing through the restraints to face life.

                  Comment


                  • #10
                    Re: property question... brother's wife is threatening to sue us

                    The land is titled as a whole and only one trailer is financed. Didn't see ur comment. This is my first time on here. Taking baby steps and still learning this site

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                    • #11
                      Re: property question... brother's wife is threatening to sue us

                      Originally posted by nursingjewel View Post
                      The land is titled as a whole and only one trailer is financed. Didn't see ur comment. This is my first time on here. Taking baby steps and still learning this site
                      To whom is the land titled? Each trailer titled? In other words, what are the names on the titles?
                      Due to a recent promotion, I should now be referred to as Major Obvious.

                      I would not be trying to provide information and knowledge if I did not sympathize.

                      Some days it is just not worth chewing through the restraints to face life.

                      Comment


                      • #12
                        Re: property question... brother's wife is threatening to sue us

                        One trailer is in my brother's name the other didn't count. So its in no ones name that I know of. I should probably look.

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                        • #13
                          Re: property question... brother's wife is threatening to sue us

                          If the property is in his name, a trailer in his name and the other trailer not in your name, you are month to month tenants subject to his whim.
                          Due to a recent promotion, I should now be referred to as Major Obvious.

                          I would not be trying to provide information and knowledge if I did not sympathize.

                          Some days it is just not worth chewing through the restraints to face life.

                          Comment

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