Legal Question in Real Estate Law in California

Re: property

If your brother won't agree to sell or allow you to buy him out, the only route is to file a partition action to force a sale. You will need to file a complaint, have the court issue a summons, file a notice of pending action (a "Lis Pendens"), have someone else personally serve a copy of the summons and complaint on your brother, obtain an appraisal, and obtain a judgment. After you obtain what is known as an interlocutory judgment of partition for sale, you will need to have the court appoint a real estate professional to sell the property, subject to court approval, then go back to court for an order approving the sale and order distribution of the proceeds of sale.

Partition actions can be complex and, unless you have some experience with lawsuits, you should seriously consider hiring an experienced attorney to handle this matter for you. Because the law considers that one who brings a partition action is doing so on behalf of all owners, you will be able to recover your costs, and at least some portion of the attorneys fees you spend out of the proceeds due your brother.

Re: property

I suggest a strong letter from an attorney requesting reinbursement or an action for partition will be filed.