Can my brother sue me for filing a petition to sella house that we own jointly?

UPDATED: Feb 16, 2012

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Can my brother sue me for filing a petition to sella house that we own jointly?

He says that if I file a petition with the court to force the sale of the house, he will fight against it and sue me for filing it. Can he do this? I just want the house sold quickly and without hassle. He wants to rent it and will not pay me a fair amount. He has kept my inheritance hidden from me for 4 years and lied to my face about it, so he is not trustworthy. I want to be done with the house and especially with him.

Asked on February 16, 2012 under Real Estate Law, Virginia


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

Answered 10 years ago | Contributor

I am so sorry for your situation.  You should consider consulting with an attorney about this matter as well as the issue of your inheritance.  If he as the executor or personal representative of the estate then he can be in big trouble.  Now, you are going to file an action for partition I assume which requests that the court split the asset down the middle.  With real property it results in its sale and the proceeds split.  No, I see no basis for him to sue you for filing the action as long as you have a legal basis to bring the suit.  Good luck.

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