Selling house owned jointly (sale, rent, homeowners insurance)

[cobra5]

My brother and I own an inherited house jointly. He won't buy my half and won't sell the house since his son is living there rent-free. How can I make the son move so we can sell the house or make him buy my half since I need the money.

[Rakin]

You probably need to check into starting eviction of the son. That may motivate them to sell.

They should owe you at least half the rent that should be coming in from a tenant.

Other than that you may need an attorney. You may need a court order forcing the sale (just like a divorcing couple who can't agree).

[RedTexanTea]

Originally Posted by cobra5

My brother and I own an inherited house jointly. He won't buy my half and won't sell the house since his son is living there rent-free. How can I make the son move so we can sell the house or make him buy my half since I need the money.

You will have to initiate what is known as a partition suit. Talk to an attorney to find out what your options are. You may find once your brother realizes you are serious about selling the house he may buy you out. I had a family member go through this once. It did force the sale of the house, it was a process that took a few months though.

Partitions of Texas Property

[cobra5]

Thanks - my brother pays the property taxes and does some upkeep so he thinks he doesn't owe me half of the house. He just laughs when I say that is in lieu of rent. Probably not any way to get this done without fracturing the family relationship.

[cobra5]

Thanks - I will look into a partition suit - I am getting some estimated appraisals on the house without them knowing about it but it's getting to be time to let them know I am really serious about selling, need the money to get some things done. I don't want to leave my family to face this if something happens to me. I hate to tear our families apart over this but something needs to happen.

[jennifw]

Originally Posted by cobra5

Probably not any way to get this done without fracturing the family relationship.

Unfortunately, I agree with you. Best of luck through this.

[MckinneyOwnr]

Originally Posted by cobra5

Thanks - my brother pays the property taxes and does some upkeep so he thinks he doesn't owe me half of the house. He just laughs when I say that is in lieu of rent. Probably not any way to get this done without fracturing the family relationship.

If your brother can prove he pays the property taxes, then he's right, he doesn't owe you half the house. If you take this to court, what will happen is, they'll add up all the property taxes that have been paid since you both inherited the house. If it's $50k for example, they'll figure your share of the taxes at $25k. When the house is sold, you won't get half, you'll get half MINUS the $25k.

Any lawyer worth a damn will be able to get a judgement like that for your brother.

[cobra5]

Originally Posted by MckinneyOwnr

If your brother can prove he pays the property taxes, then he's right, he doesn't owe you half the house. If you take this to court, what will happen is, they'll add up all the property taxes that have been paid since you both inherited the house. If it's $50k for example, they'll figure your share of the taxes at $25k. When the house is sold, you won't get half, you'll get half MINUS the $25k.

Any lawyer worth a damn will be able to get a judgement like that for your brother.

My brother has paid $12k for taxes and probably $3k for homeowners insurance plus some upkeep (no receipts ever seen) - my half of the 6 years rent from his son would be more if he had ever paid anything. I am willing to call it even and split the proceeds of the house in half and not spend it all on attorneys fees, but he says no. He wants the son to keep living there, probably thinks I will die first and it will all be his. But my spouse will not let that happen so it looks like a mess now or a mess later.