How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34285
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I would like to find out if i can get my brother with whom

Customer Question

I would like to find out if i can get my brother with whom I've lived with for 5 years Miserably after my father passed away..... Out, buy him out, some other creative way if you know what I mean???? Lol The night before last we got into a fight after he grabbed my girlfriends arm while calling her some pretty nasty names. The police arrested him he is in jail right now. I'm not sure if it is tenants in common, or joint tenancy. I may be able to find out through the probate lawyer that took care of us at the time. He steals everything of mine,What's his is his, and what's mine is his,mostly food, clothes, tools, and in general. It is just a horrible living condition. I would like to perhaps strike first, if there is a desirable path because of him being in jail and Everything else he's done. My mother, and he will put there heads together, and try , and get me out. So please give me some good news. I took care of my father here for 15 years.... kinda feel that it's my place ,and I don't want to have to leave!! Best Regards, ***** *****
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Did he assault you in any way during this incident?

.

And is the property in just you and brother's names?

.

.

thanks

Barrister

Customer: replied 4 months ago.
The mortgage is still in my dads name and we have paid equally for the 5 years. He pushed me first, but I don't know how the report is written. I am going to try and pick up the report tomorrow.
Expert:  Barrister replied 4 months ago.

Ok, first off, if you can get a report filed on him for assault, then you can file for a protective order while he is in jail and that will prevent him from returning to the house for the duration of the protective order.

.

As for the house, if you are both on the deed, then the only way to get him off of it would be to file a "partition lawsuit" where a judge orders a sale of the property at public auction and you outbid him and anyone else to buy him out.

.

But otherwise, once the restraining order expired, he could move right back in and resume living there since he is a legal owner..

.

.

thanks

Barrister

Related Real Estate Law Questions