On Wednesday, August 20, 2014 6:36:24 PM UTC-4, Bob Engelhardt wrote:
You didn't word it exactly like this, but basically you want to sell her

your 1/2 of the house and take her mortgage for that amount (which is

like her putting 50% down - her 1/2).



A 10 year 4% mortgage for $22,500 means a $230/month payment. Surely

she could pay that.



A mortgage with all the standard clauses gives you the right to

foreclose for failure to pay, sell the house, and have first dibs on the

proceeds.



Foreclosing is probably not a real option for you, but having a mortgage

that has that in it makes it more likely that she will pay.



You can't get blood out of a stone, as they say, so your best bet is a

mortgage that she CAN pay, regardless of the terms. E.g., a 20 year

mortgage with $120/mo payments is still better than nothing.



If she doesn't want to buy your half, you do have the right to force a

sale to get your half. Also probably something that you don't want to

do, but does give you some negotiating leverage.



Good luck - your situation is one of the more unfortunate ones that come

with "family".



Bob

I'm going to agree with the "Give it up and feel good about yourself" crowd.. Even if you write the most ironclad of contracts, it is (at least round here) virtually impossible to evict someone. The bank account is sealed up in her name, she legally owes you absolutely zero there.

You could spend big bucks on lawyers who will not likely get you anything or you could talk with your sister about the situation and let her make a suggestion. An easy way out, maybe is to sell Mom's house and let Sis buy another of her own.