Legal Question in Real Estate Law in Pennsylvania

Re: Property rights

You asked about getting rid of a freeloader.

It's really quite simple. Sue for partition of the property. The court then enforces a sale of the property and each party takes their proportionate share.

You would need to demonstrate what each party has put into the property regarding time, effort and mostly money. Your old checking records will serve nicely. The more you can demonstrate that you put towards the property the more you can increase your claim and decrease his claim.

You also could partition the property yourselves (subdivide) and you or he could take the portion with the house.

Finally, there is no reason he may be allowed to live with you cost free. You have to share the property but you do not have to share the utilities that he does not pay for. Seriously. You don't have to provide heat to his room, you don't have to provide him with electricity or hot water. In fact, since it's probably well water and he is not a tenant, but an owner, you don't have to provide him with water at all. If he doesn't pay for utilities then he can't enjoy their benefits. And seriously, you can be ridiculous about this. Locks on the refrigerator, electric service, turn of the radiator in his room, as well as the water to his shower. Lock all rooms that he is not allowed in.

Better yet. Subdivide. Leave him with the old house and build a nice new house with the profits on your portion.

Go speak with a local real estate attorney. Find one that will enjoy being mean. Your brother has to forgive you, your wife doesn't.

Regards,

Roger