Legal Question in Real Estate Law in Illinois

Deed, or will? Makes a big difference. If deed, partition may be required. Same with will unless not probated yet...see an attorney.

I agree with the other attorney. if deeded, you need to do a partition if you and all your siblings do not agree to sell the house.

If you want to discuss, call me at 312-372-5600.

I agree with the answers you have received. I would suggest, however, the starting point is for your brother to realize that his lack of cooperation will only delay the inevitable. He cannot force you to remain in co-ownership with him. So, if it has to go to partition, there will be costs, followed by the same sale of the property that could be accomplished without those costs.

In a true partition suit, say this was readily dividable vacant land, then the court would simply split up the property. With most homes, however, cutting up the property does not make sense. So, the alternative is for the court to order the property sold, which is exactly what you are trying to accomplish anyway.

A sale could mean a buy out. Is there any way for your brother to utilize the equity in the property to secure a loan or is there any other way for him to arrange a buy out. You can factor in savings of real estate commission to give him a good deal while getting what you would have with a more traditional sale. If either you or your other brother, preferably both, are in a position to take payments over time, you may be able to structure something where he builds up a payment history and gains a little more equity in order to finance the property with a mortgage down the road.

If you are not able to politely communicate with him about the above soon, then I suggest an attorney letter that firmly, but nicely, suggests that agreeing to a buyout or sale are the only reasonable positions.

While that would be best, another approach would be to stop contributing to the expenses of the property (property taxes, maintenance, etc.). Unless that works to convince him, it is much more likely to make relations negative, perhaps jeopardize all interests and leave you still needing to resolve the issues.