Family real estate in jeapardy

[willifitz]

What is the name of your state (only U.S. law)? Pennsylvania
My siblings and I own a seasonal cottage in PA with 1/4 share as Tenants in Common. One of my siblings has lost interest in participating and no longer wishes to visit. He wants us to pay him 1/4 of the property value. Are we under any obligation, legally to pay him even when we don't have the cash to do so. We also don't want to have to take a loan out to pay him. Our thoughts are, that if wants out, he should just leave. This property was deeded to us years ago with the intention of passing on to the next generation of children. My brother has no children.
We look forward to your advice.
Thanks
B.

 

[seniorjudge]

There is nothing wrong with a tenant selling his share.

In fact, it seems your sibling is being rather reasonable about it.

Buy him out.

 

[HomeGuru]

I agree. Get an appraisal and figure out what his equity is.

 

[willifitz]

I should have mentioned an issue that makes this more difficult to answer in my mind. Myself and 2 of my siblings are now taking on the responsibility to pay for care of our elderly parents. The fourth sibling does not feel he needs to pay for the care. In his mind we should sell the house to pay for their care. Since he doesn't want to be involved in the house and doesn't want to reach into his own pocket for his parents, he is saying it's not his problem. He just wants his money. He has agreed to if we buy him out, he will leave but still take no responsiblity to help his parents.
I know this is a mess, a family problem. We are expecting our brother to take us to court to force us to pay him.

 

[seniorjudge]

I should have mentioned an issue that makes this more difficult to answer in my mind. Myself and 2 of my siblings are now taking on the responsibility to pay for care of our elderly parents. The fourth sibling does not feel he needs to pay for the care. In his mind we should sell the house to pay for their care. Since he doesn't want to be involved in the house and doesn't want to reach into his own pocket for his parents, he is saying it's not his problem. He just wants his money. He has agreed to if we buy him out, he will leave but still take no responsiblity to help his parents.
I know this is a mess, a family problem. We are expecting our brother to take us to court to force us to pay him.

The fourth sibling does not feel he needs to pay for the care. In his mind we should sell the house to pay for their care.

This sounds like a good idea.

But going to court will wipe out any value of the place.

So buy him out.

 

[willifitz]

He just wants the money. He has no intention of contributing to our parents financial needs.

 

[seniorjudge]

He just wants the money. He has no intention of contributing to our parents financial needs.

Then give him the money and get shut of him.

 

[willifitz]

Opinions.
I just can't see us buying him out. While paying to care for our parents, we do not have the additional money to pay him as well. In our opinion, we let him off the hook for his financial obligation to his parents, which will be equal to his share in the house.

 

[seniorjudge]

Opinions.
I just can't see us buying him out. While paying to care for our parents, we do not have the additional money to pay him as well. In our opinion, we let him off the hook for his financial obligation to his parents, which will be equal to his share in the house.

Okay, by me.

So why did you even post if you already had your mind made up?

 

[willifitz]

Are there any legal precidents that can force us to sell?

 

[anteater]

Look up partition lawsuit.

 

[seniorjudge]

Are there any legal precidents that can force us to sell?

Yes. It's called a partition. When you get through with that lawsuit, all the value of the house will be eaten up by attorney fees and court costs.

So skip the lawsuit step and buy the guy out.

 

[xylene]

In your opinion

In our opinion, we let him off the hook for his financial obligation to his parents, which will be equal to his share in the house.

This is America, where we for the most part, do not have legally binding financial obligations to care for parents. This makes him a jerk.

It is not a debt you can involuntarily cancel with the house.

Your brother owns 1/4 of the house. You will not be changing that with your rationalization of what is fair.

You could let it go to court and value be destroyed, you can pony up his share, or you can sell to pay him off.

Him not having kids changes nothing, that's y'alls plan and he doesn't have to play along.

 

[tranquility]

Leaving morals aside, legally:
1. He has no duty to support the parent's medical care/support.
2. He owns 1/4 of the house and can sell it to whoever he wants.

If you don't want him selling it to a biker gang who will have the rights to possession whenever they choose, I suggest you buy him out.

 

[HomeGuru]

I should have mentioned an issue that makes this more difficult to answer in my mind. Myself and 2 of my siblings are now taking on the responsibility to pay for care of our elderly parents. The fourth sibling does not feel he needs to pay for the care. In his mind we should sell the house to pay for their care. Since he doesn't want to be involved in the house and doesn't want to reach into his own pocket for his parents, he is saying it's not his problem. He just wants his money. He has agreed to if we buy him out, he will leave but still take no responsiblity to help his parents.
I know this is a mess, a family problem. We are expecting our brother to take us to court to force us to pay him.

**A: that is not relevant to the instant issue.