Q: how do i get my half brother off the title of my property? He wont sign a quit claim deed.I am filing a quiet title.
My Father passed in 1982. His second wife passed 2001. Property was left to his three sons with second wife because my father didn't have a will when he passed but had verbally told all relatives that this specific property in Parker , AZ would be left specifically to me and my biological sister . The two older brothers quickly quit claimed the property to my sister and I. The Younger brother James refused to sign a quit claim deed. Fast forward to today. I have maintained and paid taxes on this property since 2001. My half brother has not paid taxes or maintenance on the property at any time. This situation is complicated by my half brother becoming incarcerated for 2nd degree murder in 2002. He has 13 years remaining on his sentence. My sister and I would like to sell this property but cannot with him on the title. I have filled out quiet title paper work but would greatly appreciate any assistance, suggestions, help with this matter. I have not hired an attorney yet.Thank you
A:
My recommendation is to consult with a real estate attorney before you file any legal action. My concern is that, under the fact situation that you have described, a quiet title action may not be successful if your brother contests. A better option would be to file a partition action. Your real estate attorney can assist you with this. A partition action will usually result in the sale of the property and the judge will decide how the sales proceeds are to be divided. You might be entitled to reimbursement for some of the expenses you have paid for your brother's benefit over the years.
Before filing any legal action, I would attempt to purchase your brother's interest. If this can be done reasonably, it would be quicker and, possibly, less expensive than filing a lawsuit.
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