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Sue for full ownership heir property

Lakeland, FL |

My brother and I were left a home by our deceased mother, after several domestic disputes where I was beaten and he went to jail, i had to take out a restraining order on him a judge ordered him to stay away from me, he hasn't paid one dime on the upkeep of this home I pay the taxes by myself every year (have documented proof) I have paid my money to repair what he destroyed in the home when he beat me, he stated and submitted to the courts during our domestic violence hearing I could have the house he doesn't want it (I have the court documents) but he will not sign over full ownership to me, can I sue him for full ownership?

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Attorney answers 3


You can file a complaint for partition of the property. This will not give you full rights to the property, but will credit you with your portion of the repairs and taxes that should have been paid by your brother, and will cause the property to be sold. You can then buy out your brother's interest. This is a technical lawsuit, so please work with an experienced real estate litigation attorney.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


I agree with Ms. Reed. You could also sue him for battery and get a judgment for damages that may be able to be collected from his interest in the property. Again, you need to hire an attorney.


When your mother died, you and your brother received the home as tenants in common. It might be possible to sue him with the goal of getting his interest in the property. Consult with a local attorney about this. I do recall a divorce case in which this happened, and it might be able to make the case law apply in your circumstances.

R. Jason de Groot, Esq., 386-337-8239

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