wantedtohelp
New Member
My mother passed away in 2005 leaving my 70 year old father with a mortgage that he could not afford and tens of thousands of dollars in credit card and medical bills. The house was in a desperate state of disrepair. Living with my father was my 40 year old sister, her husband and their two children. My sister had NEVER paid my father rent but agreed to begin paying rent to my father and paying money for the utilities.
We observed for 7 months to ensure that my sister was able, and would continue to pay my father for rent and utilities. At the end of this 7 month period, with assurances from my sister, and confirmation from my father, my sister had been paying the rent that they agreed upon as well as money for utilities. Based on this, we came to the following agreement. My wife and I would temporarily (estimated 2-3 years) move back in with my father. I would come onto the deed with my dad and I would refinance the house taking out enough cash to pay off most of his bills and repair & remodel the home. My sister would continue to pay rent and 1/2 of the utilities and my father would not pay anything. My sister and my father would work on negotiating my father's debt.
At the end of the 2-3 year period my father would have been debt free and since he had no expenses he would have money to invest. Also in that 2-3 years my sister and her husband were to pay off all of their debt and arrange their finances in order to come onto the deed and refinance the house and assume payments.
Outcome after 1 year. My sister, after 6 months was unable to pay any money for the utilities. The rent money started coming later and later and soon she was 1 month behind. She has since caught back up but usually doesn't give me the money for rent until the 4th or 5th of the month stating that she has a grace period.
It turned out that my sister didn't track and negotiate all of my father's debt and he was still left with 30k in bills, and it is likely that some of this debt was created by her by opening up credit cards in my fathers name, without his knowledge, and running up the debt. It also turns out that the only reason that she was able to pay rent & utilities was because her husband took money out of his 401k. They have since separated and it is obvious that she will never be able to refinance the home on her own.
My sister is very combative with my father and myself. My wife and I cannot live under these conditions with my sister. I have told my father that since there is no chance of them being able to assume the mortgage we would have to sell the house. He says he does not expect me to support my sister and that if I need to sell then he will go along with it.
We have discussed this with my sister and again, she is very combative. She alternates between two statements. First, she says we can't sell the house because she refuses to leave and since she continues to pay rent, even though it is is late, we can't make her leave. Second, she says that we should just sell the house, give her her cut of the proceeds and we go on our separate ways.
My questions.
1. Can my sister stop us from selling the house?
2. The proceeds of a sale are my father's to do with as he wishes, correct? If he chooses not to give her 1 cent that is his choice.
We observed for 7 months to ensure that my sister was able, and would continue to pay my father for rent and utilities. At the end of this 7 month period, with assurances from my sister, and confirmation from my father, my sister had been paying the rent that they agreed upon as well as money for utilities. Based on this, we came to the following agreement. My wife and I would temporarily (estimated 2-3 years) move back in with my father. I would come onto the deed with my dad and I would refinance the house taking out enough cash to pay off most of his bills and repair & remodel the home. My sister would continue to pay rent and 1/2 of the utilities and my father would not pay anything. My sister and my father would work on negotiating my father's debt.
At the end of the 2-3 year period my father would have been debt free and since he had no expenses he would have money to invest. Also in that 2-3 years my sister and her husband were to pay off all of their debt and arrange their finances in order to come onto the deed and refinance the house and assume payments.
Outcome after 1 year. My sister, after 6 months was unable to pay any money for the utilities. The rent money started coming later and later and soon she was 1 month behind. She has since caught back up but usually doesn't give me the money for rent until the 4th or 5th of the month stating that she has a grace period.
It turned out that my sister didn't track and negotiate all of my father's debt and he was still left with 30k in bills, and it is likely that some of this debt was created by her by opening up credit cards in my fathers name, without his knowledge, and running up the debt. It also turns out that the only reason that she was able to pay rent & utilities was because her husband took money out of his 401k. They have since separated and it is obvious that she will never be able to refinance the home on her own.
My sister is very combative with my father and myself. My wife and I cannot live under these conditions with my sister. I have told my father that since there is no chance of them being able to assume the mortgage we would have to sell the house. He says he does not expect me to support my sister and that if I need to sell then he will go along with it.
We have discussed this with my sister and again, she is very combative. She alternates between two statements. First, she says we can't sell the house because she refuses to leave and since she continues to pay rent, even though it is is late, we can't make her leave. Second, she says that we should just sell the house, give her her cut of the proceeds and we go on our separate ways.
My questions.
1. Can my sister stop us from selling the house?
2. The proceeds of a sale are my father's to do with as he wishes, correct? If he chooses not to give her 1 cent that is his choice.
