Any Attorneys on this site? Have a question.

Rat Rod Mac · Sep 23, 2017

Forty years ago my father, brother and I built a large garage that we all played in,, I.E. worked on our cars, repaired lawn mowers and just all around hung out it. Now this garage is also equipped with metal working equipment also, lathe, milling machine, drill press etc. so it's not just your ordinary park your car in garage. Pop is gone now and the deed is in my brother and my name now. 50/50. My brother has mentioned that he is considering selling his half and he has mentioned about selling it to his brother -in-law. My question is this,,,, is it legal to do that without giving me first chance to buy his half out before it's offered to someone else. Thanks for your comments. RRM

jbadkins7o · Sep 23, 2017

If the deed is in your name he cannot sell it without your consent.

ultrarunner · Sep 23, 2017

Maybe a Partition Suit where the Judge will order sale?

Is it held as tenants in common, joint tenants, etc.?

I see situations all the time with property where joint owners pick up and new partner when a partner dies and someone inherits the deceased partner's share.

EddieWalker · Sep 23, 2017

I think the law is different in every state and in cases like yours, it's best to spend the money on a lawyer.

In my family, everything is divided equally between myself and my two brothers. I am the executor, so I will make the decisions and they will complain about it. Fortunately, they hired a lawyer and had it put in writing. It's one page, very simple, and there is nothing my brothers can do to change it.

In your situation, I would think that you and your brother need to decide on who gets what, and live with what he does with his half. Probably the best choice is to just sell everything and divide the cash. That is my plan.

jeff9366 · Sep 23, 2017

That is a question in state, not federal law. You have no location as part of your profile.

You need to consult a lawyer in your state.

Is there some reason you cannot buy your brothers half share, which will probably be the cheapest solution? Don't let money disrupt family relations.

bigtiller · Sep 23, 2017

I have seen and herd a lot of sibling feuds over estates. We decided our kids will not have that problem. In our will, it states that after the second death our bank will be the executor for a fee of 2%. Everything will be sold and the kids simply have to check their mailbox for their fair share of the inheritance.

TheMan419 · Sep 23, 2017

It will depend on state law and the wording on the deed. It is either joint tenants with rights of survivorship or tenants in common.

If it is the first many states would require your brother to file a petition to partition. You could ask the court to value the property and allow you to buy your brother out

If the second he can do what he wants w his half.

That all said the best thing would be sit down w your brother and talk it out. If you guys cannot do that alone ask a friend, family member, pastor etc to help.

If handled poorly by either of you this could tear the family apart.

Good luck!

Downhome Upstate · Sep 23, 2017

jeff9366 said:
That is a question in state, not federal law. You have no location as part of your profile.

You need to consult a lawyer in your state.

Is there some reason you cannot buy your brothers half share, which will probably be the cheapest solution? Don't let money disrupt family relations.

Jeff's right. Time to take the deed to a local lawyer who does real estate work.

ultrarunner · Sep 23, 2017

Have you asked your brother if he has a price in mind it could save a lot of trouble and anguish.

I've seen several partnerships settled at the attorney level...

If there are two partners it is simple in that each partner makes a formal bid with the highest bidder paying the other half of highest bid... the downside is the other person my value higher than you... BUT you still walk away with half the bid... so not exactly a bad place to be since it was higher than what you offered.