Legal Question in Wills and Trusts in California

Re: tenants in common partition

Your brother has already decided to steal from you and start a fight. Which your parents would not have approved of. So the balls in your court. You can be a wimp and let him get away with it, or you can do something about it. The thing that makes me angry is that he is disrespecting your parents' wishes. Anyone that would buy your share, and fight your brother, would give you pennies on the dollar. So to maximize your estate you need to fight your brother. You hire an attorney in California. Finding one isn't a problem. However, finding one that is competent and reasonable is a problem. Then you file a petition/complaint in the Superior Court in the county in which the property is located and the causes of action are for Partition (divide and sell the property), and Accounting Actions for past rents (you're entitled to 1/2 of the reasonable rental value of the property). There's probably a couple of other causes of action that can be in the complaint. But these are the main two. So first you write your brother a letter and tell him (in your nicest and sweetest tone) that you're going to have the court sell the house and he can plan on moving unless he lives up to his promise. And if he destroys the house or damages it in any way you'll file criminal charges. Then check out the video of G. I. Jane. Watch it and remember you are a woman, and that not synonymous with wimp. Your brother is standing between you and money your parents wanted you to have. If you've got kids. They need the money a lot worse than your brother does. So get some anger up (righteous anger is wonderful) and go for it. Do not at any time threaten your brother with anything other than you intend to exercise your legal remedies to the full extent of the law. If your brother continues his present course it may be possible to recover your attorney's fees from the sale of the house. However, you'll need to show your brother in the worse possible light. That means give him plenty of rope to hang himself. Brothers have a duty to provide for and protect their families. However, this doesn't include screwing over their sisters.

Re: tenants in common partition

Unfortunately, the previous answer is correct. You will need to file a partition action to get the home sold. You could sell your half, but who is going to by 1/2 a house he can't live in?

If the house is in Northern California, I can help you. It could be that a strongly worded letter from an attorney could get your brother going.

Re: tenants in common partition

Partition would be required as a last resort, and because partition sales don't bring much money, it may be the threat needed to get your brother to act responsibly--either paying fair market rent or selling the house or working out a reasonable agreement between the two of you. Start with an attorney's letter reminding him of his obligations under the law.