Legal Question in Real Estate Law in Maine

My 1st question was misunderstood, My brother and I own a home with 6 acres. I took care of our mom till she passed for 20 years (all bills,taxes etc being paid by mom and I) My brother wants to sell his half though stated that it would remain family property. In 2000 I built a garage with apt for myself under verbal that the building belonged to me. (still family property) Summer of 2013 we divided the property, 3 acres apiece, which legally surveyed my brother owns the 3 undelvoped acres. By verbal cause of 2 buildings I own the other 3 acres. Buy law he still owns half of everything on my side. By verbal he owns just half the house. My son has been renting the home and will owner finance it but they can't seem to arrive at a common price. (son had it appraised) Brother wants about 150000 over appraisal (just giving my half to them) Yes since moms death brother and I halve split taxes ins. and survey to divide. ? If we can't arrive at a price for 1/2 the home where do I stand as 1/2 owner with family members and friends knowing about verbal agreements. also that this has been my home for the last 20+ years

Thank You


Asked on 1/20/14, 7:06 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Lawguru is a forum to provide general legal information to help folks take matters into their own hands, generate new thoughts, or allow them to connect with a lawyer to assist them. It is not a place for specific legal advice or to replace the use of a lawyer. Many situations like yours are very fact-specific. That is why I suggested you call me, or feel free to call another lawyer local to you for more follow up.

I don't think I did misunderstand the question as you have confirmed that the property has not in fact been properly divided by deed between you and your brother. A survey is not a legal division. As long as the two of you own it all in common, you have options to negotiate or to ask a Judge to partition it. Verbal agreements are not binding.

If you want to have a better idea of how a Judge may partition the property, that is a factual-specific, and a legal advice-specific communication that cannot be made in this internet forum.

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Answered on 1/20/14, 8:03 am


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