Can my brother spring a partition lawsuit on me on a co-owned inherited home without discussing options and closing all communication?

My brother is not communicating with me. I have been taking care of the home since he lives in a other state. He is trying to buy a home in his state and asked me for information on our deed which I supplied. Can he spring a partition law suit on me and if so what are my rights since we could have discussed options and he is ignoring me. I’m thinking he’s up to something.

Asked on July 21, 2012 under Real Estate Law, Florida


david slater / david p.slater, esq.

Answered 8 years ago | Contributor

If you both own it, he can bring a partition action to sell.  You could then buy him out, he could buy you out or you can sell on the open market.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.