Family fued over paying taxes, what are our legal options?

Question Details:My brother and I inherited a 20 acre farm in 1998. In the past 2 years it is getting tougher to get him to pay his half of the taxes. He does not work, and I can't keep bailing him out. What are my options?

Asked 5 years ago under Real Estate | 1160 Views | More Legal Topics

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M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 5 years ago

In a situation such as this, the provides an equitable remedy known as "partition"; this means the division of property among co-owners. 

If a property can be physically divided the Court will instruct accordingly.  If division is not  practicable, the Court will either (1) order a sale of the property and an equitable division of the proceeds among the co-owners; or (2) order a partition which would permit one co-owner to purchase the interest of the remaining co-owner instead of a physical division of the property or a court-ordered sale.

Note:  Real property held by co-owners as a tenancy in common or a joint tenancy may be partitioned.

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