OK, got it on 1 & 2 above...
As to 3, and just to be sure, since Brother A was the only one could qualify to be on the mortgage (Bother B is simply a guarantor), and the only one with income, Brother A made all monthly payments, etc on the property ($100K to date); as mentioned above, Brother B put up $25K for the downpayment and has not paid any of the ongoing payments toward the property since the original purchase was made, but both Brothers are tenants in common, so regardless of the expenses paid by Brother A, in the absence of any other agreement, if the property sold today, and there was $100K in equity, BOTH Brothers could receive $50K (expenses are NOT considered) ??
Brother A was absolutely certain that all his monthly payments would be considered in the final distribution, since this is NOT the case, would it be advantageous for Brother A to file the partition suit and simply move the Court to allow him to "purchase" the property ? If so, and Brother A is already the only one on the mortgage, how does Brother A actually "purchase" the property - especially as he is the only Brother on the mortgage ?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).