How can I remove my brother from the ownership of our house?
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How can I remove my brother from the ownership of our house?
My mother passed away in 2014 leaving the house to my sister, brother and I in a ladybird deed. We let my sister stay in the house; she passed 2 months ago. My brother is an alcoholic and is currently on probation living in a halfway house in another state and cannot afford to live in or maintain the house. I want to sell the house but my brother refuses. I have paid approximately $6,000-$10,ooo in back taxes and utilities.
Asked on July 14, 2019 under Real Estate Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
When joint owners cannot agree as to ownership matters, the law provides the remedy "partition". In such an action, the court will order that the property be divided if feasible. If not, such as in the case of a house, then it will order what is known as a "sale in lieu of partition". Pursuant to this, the property will be put on the market and sold for fair market value. The proceeds will then be equitably distributed. However, before being offered to any 3rd parties for purchase, any owner who wants to buy out the other owner(s) can do so (again for fair market value).
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
When joint owners cannot agree as to ownership matters, the law provides the remedy "partition". In such an action, the court will order that the property be divided if feasible. If not, such as in the case of a house, then it will order what is known as a "sale in lieu of partition". Pursuant to this, the property will be put on the market and sold for fair market value. The proceeds will then be equitably distributed. However, before being offered to any 3rd parties for purchase, any owner who wants to buy out the other owner(s) can do so (again for fair market value).
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