Lien on co-owned property

[indebtt]

Lien on co-owned property - Added a question

What is the name of your state (only U.S. law)? I am in Texas

I have a house and land that is owned by me and my brother. I have not had contact with him in several years and he refuses all communications. Can I place a lien on the property and house to recover money that I have invested by paying the taxes and insurance and upkeep ? I do have his address to send legal papers if it comes down to it..

 

[justalayman]

Do you mean place a lien on a house you own?

 

[justalayman]

And a lien does not allow you to collect anything. If it can be foreclosed on it allows you to collect by foreclosing and selling the property. If it does not allow foreisure, it simply means you have a means to collect the underlying debt if/when the property is sold.

 

[indebtt]

Do you mean place a lien on a house you own?

Yes, on a house that I and my brother both own.
I am contemplating on selling it, but have been told I cant without my brothers' permission, so I was taking a stab in the dark that I could foreclose on his share of the rights to the house so I could have the house and property free and clear to be able to sell, rent or whatever AND get the money back from any profits he would receive. I have kept the records of the payments of taxes and insurance I have been paying.

 

[justalayman]

is he living in the home?



as to being able to place a lien on the property; Actually I'm trying to wrap my head around that idea. I can only imagine a county recorder going "you want to do what?". While I can see how it could actually work, I'm just not sure you can actually do it. You would have to sue yourself as well as your brother to foreclose on a lien (since you are both owners of the property). Just don't know how that would work.

hopefully somebody else has something to say to this as I am actually quite confounded by it and have so far not found anything in statute that helps clear it up.

 

[indebtt]

is he living in the home?

No, he does not.

I, on the other hand do.

I've been looking at a partition suit, but it's so expensive and I would guess that the sale would barely cover the costs. The property and house are barely worth 50k. Yes...very small land and house.

I guess I shouldnt complain too much if I make ANY profit from a sale since it was an inherited house and property.

 

[justalayman]

No, he does not.

I, on the other hand do.

I've been looking at a partition suit, but it's so expensive and I would guess that the sale would barely cover the costs. The property and house are barely worth 50k. Yes...very small land and house.

I guess I shouldnt complain too much if I make ANY profit from a sale since it was an inherited house and property.

How about looking at it from a different perspective:

Unless you are paying him half of what rent on the house would be in a typical market, you are enjoying both your share and his share of the home while he benefits nothing. Don't you think you paying the taxes, insurance, and maintaining the house is worth that?

 

[indebtt]

How about looking at it from a different perspective:

Unless you are paying him half of what rent on the house would be in a typical market, you are enjoying both your share and his share of the home while he benefits nothing. Don't you think you paying the taxes, insurance, and maintaining the house is worth that?

I have had that pointed out to me several times and while it's nice in the here and now, it still keeps me from renting it or anything else due to me being afraid he could show up one day and insist on his half of any money I collect or for that matter, I am not sure of what would happen if any renters could possibly be kicked out since they never had his permission to be there in the first place. Then could the renters sue me ?

These are whirlwind questions and stresses on me

 

[justalayman]

renters would have some protection but yes, your brother would be entitled to 1/2 of the net income from the property. Again, especially since if it was rented it would not be costing you anything, why should you enjoy all the income derived from the property?


it really sounds like you need to make a connection with your brother more than it being anything to do with the house.

 

[indebtt]

it really sounds like you need to make a connection with your brother more than it being anything to do with the house.

Yep...the connection would be great, but as you know, if someone doesnt want to be contacted or deal with family, they can just avoid issues all they want.

I am kinda trying to look out for my children too, because if the small estate is never sold, then THEY will be stuck will all these same concerns if, heaven forbid, I should pass on first.

 

[indebtt]

New question

I must be putting in keywords wrong in the search because surely this next question has been asked before, so sorry if it has.

When you file a partition suit, and in my case here, having a brother that I cannot get hold of .... if the small estate is sold, what happens to my brothers' share of the sale if he cannot be found ? (After fees of course)