Legal Question in Real Estate Law in New York

My mother passed away and left a house with my name and two half brothers on the deed. I have a half brother with a mental disability who lives there. The house is 85% ready to be uses as a two family or inlaw apartment but the brother with the disability won't allow it. I understand that when more than one name is on the deed it presents a problem. I would try to go ahead with trying to rent it and see if he would adapt but one of the brothers does not feel he can handle it. I am expected to come up with money for taxes. I am by myself and was not given anywhere near what the other brothers got as well as the one with the disability.


Asked on 1/09/11, 1:32 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Because on co-tenant is blocking the use of the property, you can sell the property and have the proceeds divided. Probably equal shares per head, though I would have to review the facts. To the extent that you pay taxes and other charges, you are entitled to be reimbursed.

The legal name for the procedure is "partition." You will probably need an attorney, but it should not be prohibitively expensive.

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Answered on 1/14/11, 2:33 pm


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