What to do if I am joint owner with my brother and I need to sell my half of the property but my brother is giving me a hard time?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I am joint owner with my brother and I need to sell my half of the property but my brother is giving me a hard time?

He is telling me who and who I can not sell my half to. Does he have the right to do this? I told him if I don’t sell my half of the property I would not have to file for bankruptcy. I have been unemployed for over a year and I have just been paying the minimum balance on my bills. I gave my nephew (his son) first choice to buy my half so it would be kept in his family. My brother said if I file for bankrutcy and if his son bought my half, his son might be liable for some of my debts in the future. Is this true?

Asked on September 23, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless there is some right of first refusal held by your brother on the property that you own a fractionalized interest on, you have every right to sell your interest in it to whoever you desire to do so.

If you nephew is willing to purchase your interest in the property at a set price and perhaps upon installments to you (or pay you off with cash) a formal escrow needs to be set up for the transaction where your nephew obtains title insurance for the desired purchase. By getting title insurance, all issues concerning prior liens of record as to you and the parcel will be ascertained and taken care of before close of escrow so the nephew will not be obligated upon if the sale happens and title is transferred.

I suggest that you and your nephew retain a real estate attorney to asisst you in the desired sale. You do not need a real estate agent since you have your nephew as a willing buyer.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption