Q: What are my options with a jointly-owned inherited house when we're already in contract with a realtor?
I've been trying to work with my alcoholic brother to sell a house we've inherited (and currently inhabit) jointly, but he can't make a decision - he changes his mind constantly, sometimes daily. After 3 months of floundering he finally decided he can't afford to buy me out. Now that we've signed a contract with a realtor to sell and have had the house staged and listed, he refuses to consider any offers below our asking price, saying he'll just drag his feet and refuse to sign the sale documents, while I continue to be responsible for half the mortgage payments, which I can't afford. The house has been on the market for less than 2 weeks and has had no offers yet. What are my options at this stage? Would my moving out mean he's now responsible for the non-mortgage bills and owes me half the rent? Is there a way to partition the house at this stage and get out from under the realtor's contract? I just want this nightmare to be over without going broke and to be free of him for good.
A: You may want to file for partition of the assets, though that might complicate a sale even further. Is he willing to buy out your share? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
