Legal Question in Civil Litigation in New York

Re: sibling tax liability for joint property

I presume that you own the land either as tenants in common or partners. Either way, the only way to protect your interest is to pay the defaulting brother's share of bills and taxes, then sue him (in small claims if the amount is low enough, otherwise in District, County or Supreme Court) for the funds that you advanced on a theory of "unjust enrichment".

I would think that obtaining a "lien" on the brother's interest in the property you own jointly would be a mistake, insofar as it would be a cloud on the title of the property as a whole. I presume, however, were you to obtain a judgment, it would be in a form that would permit the creation of a judgment lien that could be attached to other property that your brother owned or an order requiring that your advances be deducted from his share of the proceeds of the eventual sale of the property. The possibility of such a lien, however, may force the issue of borrowing from other sources to repay obligations to you.

WARNING: Disputes between family members about expenses related to jointly owned property often get nasty. A trip to court is likely to be burdensome and _very_ expensive relative to the size of the debt. Try to work something out if at all possible before taking such a step.

Re: sibling tax liability for joint property

I agree with what Attorney Wiest has said. One other potential option would be to buy your brother out, and thereby get him out of the picture completely.