My father passed away in 2010 leaving house to my brother and I. The house is totally paid off. We lived together, and his girlfriend, now his wife, since 2010 until I got pregnant and had to move out in 2012 due to condition and environment of the home. I wanted him to buy me out but he isn't able to. I am pregnant with my second child now and would like to live there with my family and buy him out but only way is for my husband to purchase his half which my brother refuses to sell it to him. My brother says the only way to settle this is to sell the house and split the earnings. I want to not sell my half and have my husband but my brothers half but my brother is making it personal. Can I make him sell his half no matter who it is? I feel like if he can't live there then I'm not allowed.
Answer
Start a partition action. The court will order a sale at the prevailing fair market cost.
Answer
You can sue for partition. The property would be sold per the Court's Order. Either or both of you can bid on the property at that time.
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