Can I have a brother removed from a property if he has an interest in it?

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Can I have a brother removed from a property if he has an interest in it?

My brother has destroyed the property value of the family home. He refuses to pay any bills but will not leave. He is filthy and leaves mold and mildew in the bathroom. Allows his minor son to be with him while he is at home from his truck driving job. I have restored as much value as possible from painting everything but his 2 rooms. We have done a great deal of maintenance and upkeep. He causes roaches and is a health hazard to everyone there with his filth. Do we have any recourse? We have paid off the mortgage and all back taxes since he refuses to pay anything as he knows I will pay.

Asked on February 24, 2012 under Real Estate Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am sorry for yourr situation.  It sounds like the property interest you both have arises from inheritance, correct?  If that is the case then you both have equal rights as well as equal responsibilities (such as taxes, etc.).  What you need to do is to speak with ana ttorney about bringing an action for partition, which requests that the court split the asset equally.  In the case of a house the court will generally order it sole and the proceeds split. You should be entitled to reimbursement of the money you have paid out which may overwhelm him financially.  Then maybe you can buy him out.  You can also sue him for the money owed and place a lien on the property (his half).  Good luck.


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