Legal Question in Real Estate Law in Michigan

My self and a sister and two brothers own the family home. Me, my sister and 1 brother want to sell the house, but the other brother doesn't want to because it is a free home for him to live in. Can we still sell the house even though one brother doesn't want to?


Asked on 11/12/12, 1:06 pm

1 Answer from Attorneys

Jeshua Lauka David & Wierenga, P.C.

If you are all tenants in common then you can file an action for Partition or Sale in Circuit Court where the property is located. What this means is the Judge would essentially decide whether or not the Property could be "divided up" or, if it could not be divided up then the Judge would force a sale of the Property. The Judge could order that you recover your attorney fees in connection with bringing forth the lawsuit.

I would advise that you try and convince your brother to either buy it from you and your siblings or agree to market it and sell it. Alternatively, if he is not financially in a position to purchase the home through a conventional loan, then what about making him pay rent or buying on a land contract? I would give him every option to resolve this peaceably but let him know that if he does not agree to sell it, then you will file a lawsuit and it could cost attorney fees that would reduce the value of what you and your siblings (including your brother) would realize from the sale.

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Answered on 11/12/12, 1:14 pm


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