Can my brother rent a home that is in his, my sister’s and my names, without my permission or signature?

My mother’s home has been deeded to my brother, sister and I. The renters are moving out. My brother wants to rent it again but I would have to claim 1/3 of the income and pay taxes, as well as 1/3 of the expenses. I want the home sold. My mother is in assisted living in FL; the house is in MI. If the house was sold, we would have more money to help her when she moves to memory care, as she has dementia/Alzheimers. My sister would also like it sold as it is just something more we have to deal with. The problem is that my brother is a tyrant and a bully. My sister won’t stand up to him and when I do, we fight terrible and get no where.

Asked on July 12, 2018 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When owners of jointly held property cannot agree as to whether or not to sell, any owner who wants a sale has a legal remedy known as "partition". In a partition action, the court will order that the property sold if practical. If it is not (such as in the case of a single family dwelling), then it will instead order a "sale in lieu of partition". Pursuant to this, the property will be put on the market and sold for fair market value. The proceeds will then be equitably distributed. However, before the property is offered to 3rd parties, any owner who wants to buy out the other owner(s) is given the chance to do so. At this point, you may want to consult directly with a local real estae attorney who can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When owners of jointly held property cannot agree as to whether or not to sell, any owner who wants a sale has a legal remedy known as "partition". In a partition action, the court will order that the property sold if practical. If it is not (such as in the case of a single family dwelling), then it will instead order a "sale in lieu of partition". Pursuant to this, the property will be put on the market and sold for fair market value. The proceeds will then be equitably distributed. However, before the property is offered to 3rd parties, any owner who wants to buy out the other owner(s) is given the chance to do so. At this point, you may want to consult directly with a local real estae attorney who can best advise you further.


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