Legal Question in Real Estate Law in Vermont

Co-ownership of a house

I co-owned a house with my mentally disabled brother who recently passed away. I was not living in the house but he was. Before he passed, my other brother had him sign over his share to him so I wouldn't be able to sell the house. I owe $ on the house and would really like to sell it. His intention is to rent it out. I do not want to be a landlord, I do not want that responsibility. Can I force my brother to sell or buy me out? I have heard from other family members that he intends on making me pay half of the insurance and property taxes. I'm a single parent and can hardly afford own rent. Can some one please help? Thank you.


Asked on 12/10/08, 6:01 pm

1 Answer from Attorneys
Edward Pankowski Edward Pankowski, Jr. Esq

Re: Co-ownership of a house

You and surviving brother are joint tenants now, and both of you need to agree to rent or sell. I suggest you and he reach agreement to sell then list with realtor or do FSBO. If you can't reach agreement to sell impress upon him that he can't sign lease to rent unless you do also. You can force a sale by filing a Petition to Partition in Chancery Court which is expensive ($2500 attorney fee) and will result only in Court Order to sell anyway. If sale is agreed contact us since we have those forms here. Good luck! Ed Pankowski

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Answered on 12/11/08, 11:57 am


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