[lovethesun]

My husband and his brother each have ownership of a house (1/2 each) that is in another state. Their elderly mother (my MIL) lives in it but is not listed as the owner as she gave her ownership up. The monthly payment towards the mortgage on this house is roughly $600/month. My husband and his brother agreed to split that so that they each are supposed to pay $300/month. This agreement was put in place when my husband decided to put the entire loan for the mortgage under his name for a lower interest rate. My husband's brother is supposed to pay his share ($300) to my husband every month......well, low and behold he paid here and there for about a year, but stopped paying and has paid nothing for the past 2 years. So, my husband is stuck paying the full amount $600 every month. My husband has brought it up a few times to his brother, but the brother does the typical blow-off of I'll pay in a few months, when finances clear up, etc. The brother still manages to buy new cars and take trips, but never seems to have the money for his share of the mortgage payment. And my husband won't stand up to him and make him pay, not even to work out some sort of smaller amount per month. But I'm sure that if something happened to the elderly mother and the value of the house was paid out after sale, the brother would be first in line to collect his check for his share of the value of the house which is 1/2. And so it continues month after month, my husband pays the mortgage bill and the brother just ignores it and pays nothing. What should I do? Just stay out of it and let my husband be treated like a chump since he won't demand any respect for himself and this is not my family? Or should I make bigger waves by calling out the brother and reading him the riot act for being a classless deadbeat user? They only see my husband as an ATM, but my husband refuses to understand this. His family are all bums!!

[Bill3]

Or should I make bigger waves by calling out the brother and reading him the riot act for being a classless deadbeat user? They only see my husband as an ATM, but my husband refuses to understand this. His family are all bums!!

I advise you not to call your brother-in-law a classless deadbeat user or any other such name.

What brought your husband to put the entire mortgage in his own name?

[avlady]

i would sell the house and split it unevenly if no one is living there now

[~Christina]

I would think that side stepping your husband and attacking him is only going to cause you more problems.

I would say just hope that your husband is keeping track of the payments and when it eventually comes time to sell the property he will be able to pay himself back any monies his brother owes.

Is there anything in writing that his brother pays for half? or was it a verbal agreement?

[hannabee]

I would write a letter or email (for and from) your husband, stating that he will be deducting all unpaid mortgage payments from the estate when their mom dies. He needs to have this documented. He also needs to get mom to have a will that names your husband as the executor. You can get one from Legal Zoom or Nolo. I wouldn't let this go much longer, were I you.

[lovethesun]

Originally Posted by ~Christina

I would think that side stepping your husband and attacking him is only going to cause you more problems.

I would say just hope that your husband is keeping track of the payments and when it eventually comes time to sell the property he will be able to pay himself back any monies his brother owes.

Is there anything in writing that his brother pays for half? or was it a verbal agreement?

It was a verbal agreement. Nothing in writing. So I guess my husband set himself up to be taken advantage of in this situation.

[lovethesun]

Originally Posted by avlady

i would sell the house and split it unevenly if no one is living there now

When his mother passes away and there is no longer a need for the house, this is what I hope happens. Don't know that it will though. So far, the only legal document for the house states that my husband is 1/2 owner and his brother is 1/2 owner. I've talked to my husband about having his mother draw up a will that says the brother's portion of the house will have the unpaid mortgage payments deducted from it, but his mother has said she would never do that because she thinks it should be 50/50.

[Bill3]

I think it would be advisable to consult an attorney. But what does your husband think?

[A Red Panda]

Has he downright asked his mother why she thinks it should be 50/50 when the other son has NOT been contributing to it 50/50?

There should be proof through the payments coming from your husband's account that his brother hasn't been contributing to half the mortage... as there wouldn't be any deposits from the brother into your husband's account. But if the brother has paid your husband cash in the past then it would be harder to prove.

I would suggest your husband go to a lawyer if you can afford it to get something drawn up... or at least to see if there's a way to work it out that the brother has to sign off to your husband each time he pays.

Find SOME way to keep it more accountable, so that when the day comes that the house needs to be sold... all his missed payments need to be paid out before the 50/50 split. The past payments may be hard to get back, but something can and should be done for all the future payments...

[lovethesun]

Originally Posted by A Red Panda

Has he downright asked his mother why she thinks it should be 50/50 when the other son has NOT been contributing to it 50/50?

There should be proof through the payments coming from your husband's account that his brother hasn't been contributing to half the mortage... as there wouldn't be any deposits from the brother into your husband's account. But if the brother has paid your husband cash in the past then it would be harder to prove.

I would suggest your husband go to a lawyer if you can afford it to get something drawn up... or at least to see if there's a way to work it out that the brother has to sign off to your husband each time he pays.

Find SOME way to keep it more accountable, so that when the day comes that the house needs to be sold... all his missed payments need to be paid out before the 50/50 split. The past payments may be hard to get back, but something can and should be done for all the future payments...

Good idea! Thanks for that. There was no written agreement covering the past payments, so they are probably lost for good. But the future payments are a different story as I feel the brother has no intention of ever paying anything again. Honestly, I think my husband is afraid of his brother. Afraid to confront him and demand respect for whatever reason. Because I just don't get it. If my sibling agreed to pay something towards a piece of property that we jointly owned and then quit paying, without so much as even giving an excuse, just quit paying all together and went about their merry way.......I'd NEVER let them get away with that! I don't care if they are family or not, what's fair is fair. But my husband just sits there and won't do anything except yell at me as though I'm the bad guy.

[Bill3]

If your husband were to post about this matter, what would he say? Perhaps he has his reasons for what he has deliberately done (mortgage in his own name) and is continuing to do.