Question on % ownership of a house. I have 75% of the house, and my brother has 25%.

Can I be forced to sell the house or can I live in it? Can I be forced to buy out his share? Any information would be of great help.

Reserve, LA -

Attorney Answers (2)

Andrew Legrand

Andrew Legrand

Contracts / Agreements Lawyer - New Orleans, LA
Answered

Yes, any co-owner can bring a partition lawsuit to ask the court to order a sale of the property. This can be expensive, and it's generally much easier and cheaper for the parties to agree before seeking a partition.

It seems like there's a few issues behind this situation which you haven't addressed here, so it's best that you speak with a local attorney and explain the entire situation.

This does not create and attorney client relationship. As with all legal matters, you should contact an attorney... more
James P. Frederick

James P. Frederick

Contracts / Agreements Lawyer - Livonia, MI
Answered

I agree with Attorney Legrand. There does seem to be some facts that are left unstated. If you can your brother cannot get along, and you want the house, I cannot imagine why you would not WANT to buy him out. He has the right to own and possess the house as a joint owner, just like you. That could make things uncomfortable for both of you. It is far more likely you would be able to buy him out, than to have him buy you out. But if you do not want the house, that might also be an option, if your brother can afford it.

James Frederick

I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice... more

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