Can sibling legally take my half of house.

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Can sibling legally take my half of house.

Father transferred house ownership to my brother and I before he died. Brother now says he is going before a judge to have the property turned over to him exclusively. Is this a thing he can do?

Asked on June 13, 2018 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The issue is--why does he think he has a right to your interest in or share of the house? Not knowing the basis for his alleged claim, we cannot definitely answer, but as a general matter, if your father properly transferred ownership to both you, he has no grounds to take your share of the home--neither owner can force the other to give up his/her interest in real estate. And if your father's transfer to the two of you was legally invalid for some reason (e.g. if your father was mentally incompentent when he transferred the home), that would seem to invalidate his interest in or ownership of the home, too. It is difficult to see grounds for him to be able to take your share or interest.


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