Update: Things have actually gotten worse.
Quick recap: My brother and I inherited our parents’ estate 50/50, which included some cash and two fully paid-off homes. I wasn’t interested in keeping the houses, and my brother (who already lived in one) wanted both. The plan, agreed with our attorney, was for him to buy me out by paying the difference between the property values and the cash so we’d each get an equal share. We have a contentious relationship, but I thought this was straightforward.
Well, I finally got ahold of him today and found out he’s already rented out one of the houses we inherited — the one he agreed to buy me out of — without my knowledge, permission, or consent. He never paid me, never followed through with the attorney, and did this through his wife, who happens to be a real estate agent. The tenant moves in on Monday.
We had a very frustrating phone call where he:
- Claimed I’d “never shown any interest in the property” (true, because from day one I made it clear I didn’t want to co-own a rental with him).
- Claimed he was always planning to give me half the rent (but I have no idea what the rent even is, or when the tenant moved in).
- Said the attorney never reached out to him (lie) and that he was just “too busy” to follow up.
- Told me that since he’s been “taking care of the property for me” by cutting the grass and paying the property taxes so I should be fine with this.
- Said he still plans to buy me out, but doesn’t know when, because he’s “busy.”
I am furious. The one thing I said from the very beginning was that I didn’t want to co-own a rental property with my sibling I'm not even on speaking terms with. And now, without my consent, that’s exactly the position I’m in.
I’ve already reached back out to our attorney and I’m waiting to hear back, but I feel completely stuck. Right now my brother seems to think he can just hold onto the house, rent it out for himself, throw me some portion of the rent (probably ~$1200, which isn’t close to what I’m owed), and never actually buy me out.
To make matters worse, I’m not even sure I can force a sale while there’s an active tenant in the home.
All of you who said this relationship was over were right. I was just deluding myself. I am so hurt and angry.
Update #2: Co-Owned Inherited Home Just Got Listed for Rent Without My Consent. Things have gotten worse. (VA)
byu/Possible_Implement86 inRealEstate
Posted by Possible_Implement86
18 Comments
>To make matters worse, I’m not even sure I can force a sale while there’s an active tenant in the home.
You absolutely can force the sale. The buyer will have to honor the remainder of the lease and this will limit your buyer pool, but you absolutely can force a partition sale. And you should. Immediately.
I’m sorry you are going through this. It sounds maddening. Listen to what your lawyer says and do what he tells you to do.
Depending on which state you live in, you can definitely force a sale! The lease may even be null and void because it was entered into without consent of the FULL ownership group! Don’t despair. You have options here, OP!
Sorry you are going through this… but he can legally rent that house out. You can sue him for half the rent (or whatever you can justify you are due).
You can file a partition suit in court to force the sale of both of the properties. I would suggest you do that immediately. That may change his mind about cooperating with you.
Having a tenant in the property will not prevent the lawsuit. But the new owner has to honor the lease, or you and your brother would need to compensate the tenant for moving out early. Either way, this will mean you net less from the sale, so if he’s concerned about maximizing the dollars here, that may be another point to persuade him.
You own 50% of the home.
Go put a pad lock on the doors. They cannot just rent it out. Or be there Monday and say ‘sorry I own this place and do not want renters.’
Make it awkward. Who cares.
Is your name on the deed yet?
Just sue him and quit beating around the bush.
Having a rent-roll/lease is a good thing if he is going to apply for a mortgage to buy you out.
It’s almost required if the home will be a rental unless he has big income.
Just hire a lawyer already and get on with it. You know what you need to do.
Does his wife work for a company? Or on her own? I’d call her employer to report her for renting out a property without your consent, if she works for someone. If she freelances, report her to the real-estate board in your state. She’ll likely lose her license
You said “our attorney”. Meaning you and your brother retained the attorney together? Make sure you are working with an attorney that only represents you.
Landlord here.
YES you can force a sale with a tenant in the house. Although, your attorney should get on the case and make certain that tenant does not move in on Monday because that lease was not valid.
Your attorneys fees should be paid by your brother for attempting to defraud you.
Renters are a good thing, If your brother intends to mortgage the place in order to buy you out. This would be the best plan for both of you.
Otherwise, get on with it and sue him in court. The judge will grant the sale and your brother’s proceeds will end up paying court fees too.
He’s going to keep taking advantage of you and doing whatever he wants until you toughen up and force things to happen.
He thinks you have no backbone and won’t stop him, and so far, he’s right.
Your attorney should be able to do a lot for you. It just might cost. I wouldn’t despair, it’s just unfortunate that you’re going to have to go through the legal system.
Updateme
I am asking again how your half of TWO houses was only $150,000.
Force the sale of both properties. Consult your attorney about how to deal with the tenant.
Take your half. Never look back.
You can force the sale to close the estate. You need a litigating attorney that has a real estate and estate background. Or two attorneys with that background working together. Plan on spending $80,000 in attorneys fees and 2 years. if your brother contests then add an other year and $50,000. Good luck.