When Family Members Could Not Agree On What To Do With a Property
Industry
Residential Real Estate
Challenge
After inheriting a family home, two brothers could not agree on maintenance responsibilities, repairs, or whether the property should be sold, resulting in ongoing financial and legal disputes.
Results
Nochumson P.C. filed a partition action, negotiated resolution of the dispute, and successfully completed the private sale of the property.
Key Service
Litigation, Property Law
Partition actions can provide a legal path forward when co-owners of inherited property cannot agree on management, repairs, or sale of the property.
Nochumson P.C.
Real Estate Litigation
About the Client
Nochumson P.C. represented a client who inherited a family home with his brother following the passing of their parents. While the client moved out of the property, his brother continued residing there and initially remained responsible for the property expenses.The Challenge
After the brother stopped paying the property expenses, including real estate taxes, insurance, and utilities, the client stepped in to prevent foreclosure and maintain the property.
The situation became increasingly difficult when the property fell into disrepair and the brother eventually abandoned the home and relocated out of state. Despite no longer living at the property, the brother continued disputing responsibility for repairs and objected to reimbursing the client for the expenses incurred maintaining the home.
Communications between the brothers ultimately broke down entirely, making cooperative management or sale of the property impossible.
The matter was further complicated because the brother initially did not have legal representation and struggled with mental health issues throughout the dispute.
The Solution
Nochumson P.C. filed a partition action in state court seeking judicial intervention regarding the jointly owned property.
Throughout the litigation, the firm worked to protect the client’s financial interests while pursuing a practical resolution that would allow the property to be sold and the dispute resolved.
After extended negotiations, the brother eventually retained counsel and the parties were able to negotiate an agreement permitting the home to be sold through a private sale.
Although tensions remained high leading up to closing, Nochumson P.C. continued coordinating the transaction and worked to ensure the sale proceeded as planned.
Partition actions are often necessary when co-owners of inherited real estate cannot agree on property management, financial responsibilities, repairs, or sale of the property.
The Results
Despite continued disputes leading up to settlement, Nochumson P.C. successfully facilitated the closing and private sale of the family home.
The resolution allowed both parties to move forward after years of disagreement regarding ownership and management of the property.
