CanI put a lien on a property owned by my brother and I if he owes me money?

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CanI put a lien on a property owned by my brother and I if he owes me money?

My brother and I own a house left to us by my mom. I have been paying the expenses on the home and her funeral expenses. He has refused to help me. Can I put a lien on the house we both own?

Asked on March 9, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you and your brother jointly own a piece of real property where he has not been paying his fair share for its upkeep and you have done so for you and him, you have an equitable lien on the parcel and can record a lien upon it as a joint owner. I suggest that you consult with a real estate attorney to draw up the proper lien for you to sign and record on the parcel.

Before you do so, I suggest that you have your brother sign a promissory note for the money he owes you for the expenses you paid for that he owed. It would make things a bit easier than a recorded lien.


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