OK, and there is only an oral agreement & understanding between the Brothers, however, the Brothers recently paid a CPA to account for the expenses paid by the Brothers - specifically for the purpose of "equitable distribution" to buy-out Brother B's remaining interest in the property - especially since the initial downpayment of $25K made by Brother B, Brother A has already put-in nearly $100K into the property... (all this is in writing)... Though there is NOT a separate, written agreement as to how all the expenses would be accounted for, the oral agreement/ understanding & the written documents/ spreadsheets from the CPA should be sufficient - correct ?
It seems it would be prudent for Brother A to write Brother B stating, for the record, "as we always agreed, we'll split the expenses per the CPA, and handle the distribution of any remaining equity after we account for all the expenses paid by each of us to date..." (or something along those lines)... presumably, whether Brother B specifically agrees, or simply does not deny this truth, this could be helpful, or ?
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).