If both my brother and I both own a house 50/50 which I live in currently, can he force me to buy him out or sell?

Asked on July 22, 2012 under Real Estate Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You and your brother have the same rights and obligations when it comes to the house, absent any agreement to the contrary.  If you have joint ownership and he wishes to sell and you do not he can possibly bring an action for "partition" where he asks the court to divide the asset equally for each of you.  With real property that results in the court ordering the house sold and the proceeds split.  So if you want to avoid a court action then it may be in your best interest to speak with an attorney about negotiating a sale.  Good luck.

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