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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53949
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My brothers and I are all equal part owners of my parents

Customer Question

my brothers and I are all equal part owners of my parents (both parents passed away in 2013) home. My youngest brother lives in the home, pays us no rent but pays his utilities. For over 2 years now my oldest brother and I have been trying to get our youngest brother(43 years old) to purchase our share of the home from us. However his constant excuses and federal tax issues have been keeping us from proceeding. At first we didnt want to do things the hard way and offered to let him get on his feet, but the time has come and he still cannot procur a home loan. How can we proceed, and can he be evicted or forced to move out, so we may sell the home to someone else/put it on the market? He is 1/3 owner and im unsure of how or where to start this process?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

You can force the sale of this property without his consent. When there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. Since a house cannot be divided, the court will order the house sold. The reality is that in most cases, once Group B finds out the certainty of the result of a suit for partition, those in Group B typically agree to the sale without the suit to avoid the costs of the suit.

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Customer: replied 1 year ago.
He currently lives in the home and is refusing to move out or allow us to put it up for sale. Can he be held responsible for our attorney cost as well since he's holding things up? 2 years and never paid us agreed amount of $750 mos. (nothing signed only verbal) He's being unreasonable and we'd like to sell the home since he can't buy it.
Expert:  Richard replied 1 year ago.

Thanks for following up. Yes, he can be held responsible for your damages due to his intentional bad faith. At this point, I would give him a 30 day written notice to terminate. And, then if he doesn't vacate, I would give him a 3-Day Notice to Quit and then file for an eviction order and damages due to his default. I would let him know if forced to do so, you will be seeking not only your actual damages, but also punitive damages due to his intentional bad faith.

Customer: replied 1 year ago.
We are all 1/3 owners in another property of my parents that is vacant and is for sale(currently pending) The house is in the selling process and is suppose to close Wednesday, but that youngest brother is refusing to sign POA over to my oldest to close the sale. He used to live in that home and has liens on it, we paid to get the sale this far! We believe it's because he knows due to his lack of payment to us on the other home he lives in, and these liens that signing the POA will not allow him to get a check cut in his name, only in POA name. Can we do anything to make this sale go thru without his signatures?
Expert:  Richard replied 1 year ago.

Did this brother sign the contract agreeing to the sale?

Customer: replied 1 year ago.
No it was all done by my eldest brother. We verbally agreed.
Customer: replied 1 year ago.
My eldest has been POA on most things since my parents became ill and then passed. It's just kind of been him all along without controversy until now.
Expert:  Richard replied 1 year ago.

If he never signed anything, it will be difficult to force his hand on this. But, you do have the leverage of all the other issues. So, I would let him know in no uncertain terms that if he doesn't sign the documents to allow closing, you will be pursing him for everything he owes to date, and punitive damages for his intentional bad faith in obstructing a sale.

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