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When land is under co-ownership of two or more people who cannot agree on what to do with the land, or in your case one owner is missing, 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 equally after those costs and expenses of the partition have been deducted from the proceeds of the sale.

It is likely the court would require your brother's portion of the proceeds to be deposited in his name. You should inquire at the court or consult with an attorney who specializes in real estate/probate law.

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Q: You want to sell a house that you bought with your brother but he is a fugitive. What can you do?
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