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highlyirratated · Feb 1, 2011, 12:58 PM

My brother and I inherited a house. Hes been living in the house for 9 years he trashed the house to where I couldn't live there, I moved bought my own home and now I want my half before he burns the house down or someone gets attacked by his pitbulls, I know he hasn't paid the insurance yet and I can't afford it, and I don't want to pay for anymore of his stupidity... I talked to a lawyer and he said all I could do was force an auction and not get what I should get... Is there anything else I could do?

smoothy · Feb 1, 2011, 12:58 PM

Force a partition sale. Or deal with it until the housing market returns. Not many other choices since you clearly don't want it. Or the problems that go with it since he is in it. Half of a house on property is better than half of a property with a burned out or ininhabitable house on it.

It can get worse... He can forge some loan papers... get a loan with it as collateral and lose it in foreclosure... I know two brothers that had that happen to them. They both ended up with nothing in the end.

highlyirratated · Feb 1, 2011, 01:23 PM

I read about the partition is there any way to make him pay for all the fees since he will not cooperate? With the house in the condition its in it will not auction for a decent price so I would be lucky to break even...

smoothy · Feb 1, 2011, 01:30 PM

If you can show (prove actually) you paid expenses towards the costs since you both inherited it... and he can't... you can most likely get it offset by that amount. But you won't do this yourself. You will need a lawyer, prefferably a realestate lawyer.

AK lawyer · Feb 1, 2011, 02:29 PM

Originally Posted by highlyirratated

i read about the partition is there any way to make him pay for all the fees since he will not cooperate? with the house in the condition its in it will not auction for a decent price so i would be lucky to break even....

Break even? You inherited it. Doesn't that meant that you and your brother own it free and clear? If so, are you suggesting that the proceeds of an auction will not exceed attorney fees and associated auction costs for a partition sale?

As a part of the parition action, you should ask that he be charged for the waste (damage) he has done to the property. Half of these charges would go to you (in addition to half the gross proceeds from the sale), and half would be deducted from his share.

highlyirratated · Feb 2, 2011, 08:33 AM

I didn't know I could sue him for damages or the partition. He says he shouldn't owe me half of tx value because all of the damages,I tell him to fix his mess up and he will get txvalue. He wants to appraise it to give me less so I hope he doesn't ruinitmore