Home Buying in 30540>Question Details

heathershaff…, Home Buyer in 30540

When two siblings each own half a house equally and the one sibling refuses to sell or buy the other sibling out.What do you do?

Asked by heathershaffer1978, 30540 Thu Dec 20, 2012

My father bought a house in 1999. he put it in my name, my brothers name and his name. Then, he took his name off of it and my brother and I each own half and have for 10 years. I my father died last feb. I tried living in the house, but my brother harassed me until I left. I have asked him to please buy me out or sell the house and he says he paid the house taxes and he is living in it and basically, tough. meanwhile, he is ruining the property with broken computer parts, animals everywhere and trash. I really need my part of the house so I can get a divorce, but I have no idea how to get it. we both have the exact same rights. He tried to call the cops on me once and they told him he couldn't make me leave and I couldn't make him leave,

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Jim Olive’s answer
Very sticky situation. I believe you will need an attorney to help with this one. The police officer hit it right on the head, you seem to be in a stand-off which neither of you can "win". You could try suing him for your half, but doubt that would work. Seems to me you would have to motivate him somehow. Maybe offer him more than half of the proceeds if he cooperates? Or somehow make it unpleasant enough for him to live there (as he did to you) so that he wants out? Seems like he's happy with things the way they are, so that has to change or he'll never change things. Best of luck finguring this one out...
0 votes Thank Flag Link Thu Dec 20, 2012
Sounds like the fiscal cliff situation we are in right now. Someone needs to blink or nothing can happen.
1 vote Thank Flag Link Thu Dec 20, 2012
It is crucial that you get advice from a real estate attorney. I am sure that he/she can find the legal way to take care of this issue with your brother.

All the best.

Maria Cipollone

Century 21 Tenace

1 vote Thank Flag Link Thu Dec 20, 2012
It appears that you can't get along with your wife or your brother.

I would kick his ass and then be a man and get along with your wife.
0 votes Thank Flag Link Mon Feb 11, 2013
Cooperate and graduate.

Otherwise. hire an attorney to discuss binding arbitration and that kinda stuff.

The "type" of ownership matters - an attorney is the only professional capable of helping you settle this matter.
0 votes Thank Flag Link Thu Dec 20, 2012
This is a very sad situation! The best thing you can do is consult an attorney ASAP. I hope eveything works out for you. Please revisit and let us know the outcome.
0 votes Thank Flag Link Thu Dec 20, 2012
I am sorry you are going through such an ordeal, unfortunately, it is common. I have seen this type of situation before, it can ruin family ties. Please listen to the advise " seek an attorney" and do it soon as possible before the situation worsens.
0 votes Thank Flag Link Thu Dec 20, 2012
You have received good advice from all who said you should seek a real estate attorney, but get one who knows this state's laws regarding titles, possession and living onthe property as opposed to owning and not living there. We have some good attorneys in 30540 who can help you with that, so visit one and get a local legal prespective on your particular situation.

Judy Aselton
Century 21 In The Mountains
Ellijay, Ga.
0 votes Thank Flag Link Thu Dec 20, 2012
This would be a legal matter. Only an attorney is allowed to give you any legal advice.
0 votes Thank Flag Link Thu Dec 20, 2012
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