My brother and I inherited a two flat from our father in June 2006. Since my brother is going through a divorce, he moved into my fathers apartment. His soon to be ex mother-in-law lives upstairs. Since my father only charged my brothers in-law $250 per month to live there, (the house is paid for) my brother thought he should only pay that amount. The divorce is costing him a mint ( this is his second divorce) The taxes and insurance are costing more than the rents being taken in. When I try to talk to my brother and let him know I feel he is the only one benefitting these past 21/2 years and he needs to pay more, he just tells me he can't, he's paying too much support now. His youngest child is 10 so this is going to go on for some time. Do I have any recourses since my brother won't budge?

Are you both the owners of the home on the documents now?

If so your kind of stuck... I mean you could sue him for 1/2 of the monthly expenses but would you want to? You could speak to a lawyer about possibly selling the home and you and your brother split that money and move on but I assume he would have to agree to this...

But if the home is only in your name you can raise the "rent" he pays with reasonable notice.

We both own the home.I suggested that since his mother-in-law is moving out, I receive the rent from the new renters and we would split the taxes and insurance.He would still live in the other apartment for "free" (I don't think he's going for that one either)

Your solution sounds fair to me. But if he won't go for it, you may be able to sell your share. If you can sell someone the upstairs flat, then bro might need to go along.

Can I "sell" the apartment if it's not a condo?

Depends on local law. You might be able to convert.