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  • problems with tenant in common

    I own a house on 110 acres with my brother. We inherited it from our parents a few years ago.

    He has been absent from the house, I have incurred a lot of expenses in maintenance and operating costs, as well as a substantial amount in capital improvements. He has refused to reimburse me for any of it. I would like to discuss my options - if I request partition, I think the court would force a liquidation since there is no way to partition fairly - there is only one house and the surrounding land is not worth much.

    So my question is this - if the court forces a liquidation, can I be one of the bidders at the auction? Where does the auction take place - in the county in which the property is located? What is the process and how does the auction work?

  • #2
    I'm confused.

    Why would you be willing to let the house go to auction when what you really want is half of the expenses and upkeep?
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      Because I cannot get half of the expenses out of him, and there is no way for me to compel him to pay, short of a partition or liquidation.

      I am not willing to continue to co-own the house with him while he does not pay anything in support of the house. I have offered to buy him out but he has refused.
      Last edited by Zhang; 12-14-2007, 12:36 PM.

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      • #4
        Have you discussed buying him out? Or did I completely skip over that in your original post? Sorry, if I did.

        BTW, I am looking for the answer to your original question.
        Last edited by mommyof4; 12-14-2007, 12:37 PM.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          Sorry I just added that info above - yes I have offered and he has refused. Seems like he just wants to continue to be a co-owner without paying a dime.

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          • #6
            Originally posted by Zhang View Post
            Sorry I just added that info above - yes I have offered and he has refused. Seems like he just wants to continue to be a co-owner without paying a dime.
            Well, wouldn't we all?

            I'll see what I can find.
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

            Comment


            • #7
              Thanks very much.

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              • #8
                Okay, from what I can find (and this is what I originally thought, as my husband is in the auction business) the auctioneer is not allowed to accept a bid from the seller. It is seen as driving the bid up.

                Get a quick consult with an atty who might have some other ideas.

                My first thought, though it would likely cost you quite a bit, is to sue your brother for half of the expenses.
                HOOK 'EM HORNS!!!
                How do you catch a very rare rabbit?
                (unique up on him)
                How do catch an ordinary rabbit?
                (same way)

                Comment


                • #9
                  I cannot sue him for the money. A co-owner/tenant-in-common is not obligated to pay for half of the expenses that the other owner incurs. The only way to recover the money is a partition action/liquidation.

                  So I want to understand more about the auction process. I suppose I could get somebody else to bid (buy) the house at auction and then sell it back to me. I realize there's the risk that I'd lose it completely.

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