My mother passed away July 12th of this year and willed the house to all of her children as tenants in common. One of my brothers had lived with her the past 9 years and did very little to help out around the house, used her ATM card illegally to get money to gamble with, and he is a "hoarder." You get the picture.
Anyway,we reached a verbal agreement with him on renting the house. We let him stay August for free and then had him pay $600 in September, $700 in October, $800 in November, and $900 in December. He was to pay a deposit of $900 if he was not out by December. This was strictly verbal so I'm sure nothing holds water legally. He is still in the house, has made no efforts to find another house and the condition of the house is a shambles.
What recourse do we have? What should our next action be? Real estate partition sounds expensive, time consuming, and not like the way to get the best price for the house. Is there something else to consider? Is there legal way to force him from the property or can he stay there indefinitely since he is a part owner?
1 Answer from Attorneys
Your verbal agreement with your brother regarding real estate is meaningless.
Other than a sale to which you all agree, I know of no solution to your problem other than a partition action.