Suing a sibling for what he owes you?

TarponMonoxide · August 2013

I will make a long story short.

I have a brother that I own a home with. There is no mortgage; the home was purchased from a relative for a very low price.

We have owned the home for 17 years.

At first, Bro was great with paying his half of the property tax money, half of his homeowners insurance and half of his water utility. He was great up until about 7 years ago.

And for the last 7 years he has been shaky with giving me any money for those expenses. First he;'d give a thou here and there and that stopped after about a year.

So for the last 6 years I have been the one to pay for the entire kit and kaboodle.

He works retail and he really cannot afford to own a home anymore. He knows this. We've gotten into extensive arguments over his not paying up on his share.

I am on a very limited salary and I do not make enough money to pay for the entire ride on this home. I've been taking what I need out of my savings and who needs that?

My question:

Is it possible to sue a sibling for the amount he owes me? Could I get his wages garnished?

I've spoken to an attorney about what to do that he isn't paying up and I've been advised to buy Bro out. I can't do that; I don't have the funds. And even so, Bro said "OH yeh, like I'd take the money and leave if you had it" which means even if I had the means to buy him out he ain't budging.

None of this is fair to me nor is it within my financial means to indefinitely pay his share. I'm already running into financial difficulty and I want to nip this shit in the bud before it worsens.

Input, anyone? TIA.

WendyGR · August 2013

Sell it?

DaringMiss · August 2013

I have additional questions to get a clearer picture of your situation.

Do you both live in the house? Do you both use the utilities in the home? Even on a retail salary, he should be able to afford these amounts as "rent".

Why haven't you both set up a budget for the amount owed? These amounts aren't surprising. Homeowner's insurance doesn't increase dramatically, neither to property taxes. Just figure out how much they are going to be next year by looking at this year's amount and add another $100 or so. Take that amount, add in the average monthly utilities and divide that number by 12. That would be your monthly budget for the joint expenses on the house. Throw that amount into an account every month and pay the big bills when they come due.

You might be able to sue him for the unpaid amounts (a lot would depend on any written agreements/trusts/etc.), but to what end? Do you think that he DOES that the money but isn't giving it to you? Or do you think that he just doesn't have it and never will?

Because you don't have it either. If you sue him and win, where is the award going to come from? If he just doesn't have the cash, suing him would be like trying to get blood from a turnip. Are you hoping to get his half of the house? Why? You can't afford it alone, so you would have to sell it to get out of the responsibility.

This house is an albatross around your necks. Sell it, agree to have the amount he owes you deducted from his half of the proceeds. Only answer.

TarponMonoxide · August 2013

Not an option.

Should have said so that that wasn't an option.

There has to be a way I can recoup my money. Selling the home or buying him out can't be the only 2 options.

DaringMiss · August 2013

How did you guys get the house? Inheritance? Joint purchase? Are there any written agreements about paying the expenses?

It sounds as if your brother has no assets other than this house. I don't know whether or not your state will allow for wage attachment to satisfy a judgement, but even if you win, I am not sure what that will get you. You say that he doesn't have the $$ to keep up with the current bills from his retail salary, so what makes you think that he can pay the judgement for the past bills, pay his current bills and still have money to live on? You will just be collecting money for the past to pay the current bills. It doesn't seem likely that he has some secret nest egg sitting around that will cough up the past due amounts and replenish your savings.

Why isn't selling the house an option?

TarponMonoxide · August 2013

DaringMiss said:

How did you guys get the house? Inheritance? Joint purchase?

Bought from an uncle

Are there any written agreements about paying the expenses?

None. Why should there have been? and even if there was, would this hold up in a court of law?

It sounds as if your brother has no assets other than this house. I don't know whether or not your state will allow for wage attachment to satisfy a judgement, but even if you win, I am not sure what that will get you. You say that he doesn't have the $$ to keep up with the current bills from his retail salary, so what makes you think that he can pay the judgement for the past bills, pay his current bills and still have money to live on?

He's done so already, managed to make expenses, when his salary was garnished foir non payment of some outstanding service or other. That took him 4 or 5 years to square away.

You will just be collecting money for the past to pay the current bills. It doesn't seem likely that he has some secret nest egg sitting around that will cough up the past due amounts and replenish your savings.

Why isn't selling the house an option?
I can't afford to live anywhere else. Jobs are scarce and I need what I have right now. Apartments here are out of sight --- $1500 for the most meager place to live. Property taxes for this house are about 6 grand -- that versus $1500 a month for an apartment is affordable for me. I can't afford a place for even *that cheap* at $1500 per month.

Allgaier · August 2013

Can you add a roommate? To help with the cost of things?

Sillygirl45 · August 2013

This is a sticky situation. I think you can sue him for past expenses and get a judgement. All you need are copies of the bills and your payment as well as proof he is on the deed and lives there. I'm not sure it would be worth it if you have to go beyond small claims and use an attorney.

My real concern is the future. You need some sort of written agreement. It would hold up in court. Small claims is pretty simple as long as you have all your ducks in a row.

Good luck!

DaringMiss · August 2013

To answer your question: Yes, an agreement between you and your brother regarding how you choose to divide the financial responsibilities of the house would be enforceable under the law. It is a contract and as two mentally competent, consenting adults, you would both be bound to live up to the terms.

Does he live there with you currently? Why aren't you collecting money every month for the big bills and putting it into an account? If you see him all the time, why aren't you in his face about it?

Again, I don't think you are going to back money, but you obviously need to formulate a plan going forward. Have an attorney draft up an agreement for shared financial responsibilities with deadlines and penalties. Both of you can sign it and have it notarized. You can include a mention of the arrears amount and that he will be expected to pay $XX every month to repay the amount that you have been fronting for so long.

Rainzzzy · August 2013

DaringMiss said:

To answer your question: Yes, an agreement between you and your brother regarding how you choose to divide the financial responsibilities of the house would be enforceable under the law. It is a contract and as two mentally competent, consenting adults, you would both be bound to live up to the terms.

Does he live there with you currently? Why aren't you collecting money every month for the big bills and putting it into an account? If you see him all the time, why aren't you in his face about it?

Again, I don't think you are going to back money, but you obviously need to formulate a plan going forward. Have an attorney draft up an agreement for shared financial responsibilities with deadlines and penalties. Both of you can sign it and have it notarized. You can include a mention of the arrears amount and that he will be expected to pay $XX every month to repay the amount that you have been fronting for so long.

I totally agree with this. I just anticipate that the brother will refuse to sign the agreement, and wonder if there are steps she can take if and when this happens. He has a good thing going and will likely do all he can to avoid losing his free ride.

Leftie22 · August 2013

I'm still confused as to whether he lives there too? If so, and he's not paying anything, there's got to be something you can do to have him kicked out or pay up. I feel for you, money and family are a horrible combination! I do think even without a written agreement, you'd still have some case, especially because he used to pay, so obviously there was an understanding (verbal or whatever) that you were sharing expenses. Are you sure you can't sell? Because even if you sue him and get money, you're still stuck co-owning a house and dealing with his crap in the future. (And he's likely to be even less cooperative after being sued.) Sorry, this situation sucks!

TarponMonoxide · August 2013

Leftie22 said:

I'm still confused as to whether he lives there too?

The house is a 2 family. I have one apartment, he has the other.

If so, and he's not paying anything, there's got to be something you can do to have him kicked out or pay up. I feel for you, money and family are a horrible combination! I do think even without a written agreement, you'd still have some case, especially because he used to pay, so obviously there was an understanding (verbal or whatever) that you were sharing expenses.

Even if I could get him to sign an agreement, he could refuse to pay it -- and even if he signed it, he'd still not pay up.

I have a character issue here on top of everything else. I've told him to get a job on the days he is off -- he teaches tennis on the side and he could even give me the proceeds from the lessons. Not going to happen.

Are you sure you can't sell? Because even if you sue him and get money, you're still stuck co-owning a house and dealing with his crap in the future. (And he's likely to be even less cooperative after being sued.) Sorry, this situation sucks!

As I said, I do not make much money and I can't afford the rents here.

He has been a problem for years. That's a long story in itself.

Leftie22 · August 2013

Yikes, sorry to hear that, Tarpon. I can't believe he would live in an apartment for free and not care about your finances. It sounds like there isn't too much you can do in this situation, except maybe try to appeal to his better side (if he has one?) If talking face-to-face is tough, maybe write him a letter that explains the hardship this is putting you in, how you feel about it, and how much you need his help? In a friendly "hey, help me out, bro" tone, instead of a "give me my f$ing money, you dbag!" tone? (Although it sounds like he deserves the second one. Other than that, it sounds like a lawyer is the only way to go, but it might not pay off. Sorry you're in this situation, it sounds really stressful.

Suing a sibling for what he owes you?

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