Lisa Hanley

You should consult an independent attorney to verify that a deed restrictions does not exist which would preclude you from selling, mortgaging or leasing the property. However, if none exist, you can do anything you please with your share of the home. You can sell, mortgage or lease your share without the concent of the siblings if no restrictions exist. Unfortunately, the siblings will probably recover if they sue you because you do have an obligation to maintain your share of expenses. To try to keep things civil, you might think about asking the sisters if they would like to use your husband's "time" in exchange for your contribution to the rehab/upkeep costs. Make sure you keep records of what that time was worth if the family eventually sells the home so that proper accounting can be made. Another unfortunate side effect of your husband's ownership is that it will detrimentally affect your ability to receive financial assistance for the college kids. Perhaps your sisters-in-law will see things in a different light if you explain this to them. It is unimaginable that they want to see their neices/nephews affected as I'm sure it was not your parent's intention when they willed you the house. Hope you resolve your issues. - Fri May 9 2008, 04:31