Is a co-borrower entitled to cash monies of a sale of a property if they haven’t contributed to the house or mortgage in over 5 years?

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Is a co-borrower entitled to cash monies of a sale of a property if they haven’t contributed to the house or mortgage in over 5 years?

My husband, my brother and I went in as partners on a house. After a 1 year, my brother moved out and stopped contributing to the house and the mortgage, which was over 5 years ago. My husband and I have paid for the mortgage and still live in the house. We are selling the house, and need to know if my brother (who is still on the loan and the title) is entitled to any of the cash monies made from the home sale?

Asked on July 26, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well yes, he is entitled to something and he has to sign all the paperwork for the sale and transfer so you should speak with an attorney in the area about trying to figure out a "plan" for approaching him about it all. You should be able to come up with a request for a "set off" for the mortgage and taxes and insurance and maintenance and repairs - you get it - that you have paid over the last 5 years on his behalf.  If the property has increased in value "passively" - just because - then he may be entitled to at least that minus his obligations.  Good luck. 


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