I want to sell the house my brother and I inherited but he doesn't. Can I charge rent from him until till he buys me out or we sell the property?

Answer 1

You need legal advice. Even if your brother has a half interest in the property he has the right to the use and possession of the entire property. You cannot charge him rent.

You should consider having an attorney draft an agreement regarding his use of the premises. You may ask that he be responsible for all the utility bills, insurance, property taxes, municipal charges, repairs and maintenance during his use of the property as his residence. If he refuses then you should consider filing a Petition to Partition the property.

When land is under co-ownership of two or more people who cannot agree on what to do with the land, any owner can file a Petition to Partition in the appropriate court. The court has the power to order a sale. The court would appoint a commissioner to sell the property. The commissioner would hire a real estate company to market the property. There would be lawyer's fees, court costs, commissioner's fees and of course, the agent's commission. Those costs add up quickly. The net proceeds are divided according to each owner's interest after those costs and expenses have been deducted from the proceeds of the sale.

Since the costs of filing a Petition to Partition are high your brother may be receptive to signing an agreement. He may also be receptive to a fair offer on your part since you now know the costs would be high to force a sale and you can't charge rent. You should consult with an attorney who specializes in real estate law.