Family Matters
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****UPDATE: Sibling who will not pay what he owes****

edited September 2013 in Family Matters
I just got back from having a discussion with Bro -- one that I was hoping would be void of combativeness, rancor and shouting.

Wistful thinking and my tough luck.

I didn't make out so good.

I told him he needed to come up with a plan to start paying what he is supposed to pay --- and he got kind of mad.

So what's new?

I said to him, "Even if you gave me what you could give me at the start of each quarter, even if it was $20 and you saying to me 'This is all I've got; sorry about the rest.' C'mon....where's even that much for me?"

He said "I only have about $24 left this week. YOu can have THAT, if you want" and he went and got his wallet, took out the money and threw it on the floor.

Said that if I wanted that, there it was. And I could kindly pick it up and that he was not going to do so.

BABY, as everyone said.

I said to him, "THen you'll have to find a way to pay all of the taxes on this property. I can no longer do so" to which he said, "oh, GOOD -- then I can have S. move in here to help me pay for everything!"

This is another story for another board.  He's still involved with S from an engagement that never ended -- and I said "No way can you move her in her." "OH YES I CAN. I OWN HALF THIS HOUSE!"

Throwing money at his sister, really???

Then he starts to scream at me "did I ever bust your balls about your xH? DId I ever say anything about him? Why are you so against S.???"

I said "Hold on here --- I am not here to discuss her or anybody else: I am here to discussx the subject at hand --- and that subject is that you need to be working on a solution to get the taxes paid. You are obligated to pay what you are supposed to pay for. You cannot leave me holding the entire bag and you cannot have me pull the entire load. This has gone on for several years already."

He's screaming at me again and telling me "I HAVEN'T GOT IT!!!"

Look: I've got my hands full with this guy.  I am at my wit's end and I am going to have to sue him for what he owes me.

He's acting like a child and he isn't even trying to come up with a solution for paying what he is supposed to pay. As I said, he can get a job on his mornings off, his day off and his Sunday off -- or teach tennis on those days -- and use that as the money to pay for what he is supposed to pay.

I told him that if I had the means, I'd buy him out. He laughed at that and I got "oh maybe I should do that to YOU!"

See what kind of triteness and silliness I have here? This is a FIFTY FOUR year old grown MALE, not some kid that is 20 or 22. A beebee, as we used to say in the old Knot days. You old timers from the Knot days who are still on these boards will remember that term.

There is a lot more to the "meeting" I had with him and a lot of it was nonsensical and just plain puerile on his part: stupid comments and other "oh let's hit TM below the belt and really upset her" kind of bullshit. I don't give a damn about that -- the point is he needs to pay what he needs to pay; he is OBLIGATED.

I screamed that at him at one point and it never even penetrated. He just kept saying "So what else is there you got to say? I'm waiting...."

There is no way I can evict him or get rid of him. He owns half this house. If he was renting, another story.

I also got a pretty good cussing out. How's that for constructive.

What to do in the interim. That is my problem.


Re: ****UPDATE: Sibling who will not pay what he owes****

  • Do you actually live in the house with him? If you don't, I'd go over and strip the place. Take out all appliances, the toilets and the cabinets. Stick it all in storage and tell him to pay up.

    If you do live with him than he is living for free and I'd do the above and stop paying. Sign everything over to him and be done with the whole mess. I'm sure it's what he wants or is hoping for but I wouldn't be paying for a grown man. But, again as a half owner of the house you can go in and do whatever you want. Use it.
  • MLE2010 said:
    Do you actually live in the house with him? If you don't, I'd go over and strip the place. Take out all appliances, the toilets and the cabinets. Stick it all in storage and tell him to pay up.

    This is a 2 family home; 2 apartments. He has the upstairs apartment.

    If you do live with him than he is living for free and I'd do the above and stop paying. Sign everything over to him and be done with the whole mess. I'm sure it's what he wants or is hoping for but I wouldn't be paying for a grown man. But, again as a half owner of the house you can go in and do whatever you want. Use it.

    I cannot do this --- I am on a very limited income -- that's a whole other nightmare in itself and I have my hands full with that --- I am more or less stuck living here.

    We are behing 2 quarters on taxes, thanks to him.  You cannot sell a house unless your taxes are paid off up to date.  And even if they were -- as I said, I can't go anywhere else. Rents are horrific in this area and my job is here. I can't afford a long commute.
    What a nightmare. Every single last second of it -- I have a whole list of troubles, bad ones, and this shit with him is adding to it.

    I don't get it. No concern and no trying to figure out how he can "make good" on HIS part.  Even if he had some type of skill to barter -- if he was a carpenter, or good with his hands, or an electrical kind of guy, he could "pay off" what he owes in the way of installing a new kitchen, bringing electric up to code, putting in a new floor, etc. Nope, not even that.
  • Can you talk to a lawyer and see if you could get the property divided into two seperate owned properties? You take the loan and divide into two, he gets his own and you get your own?

    Or just sue him for living for free off of you. You have to have something you can do. Your brother is a total BeeBee (yes, I know this term) and a complete asshole.
  • MLE2010 said:
    Can you talk to a lawyer and see if you could get the property divided into two seperate owned properties? You take the loan and divide into two, he gets his own and you get your own? Or just sue him for living for free off of you. You have to have something you can do. Your brother is a total BeeBee (yes, I know this term) and a complete asshole.
    The home is owned free and clear -- and I rememver asking the town assessor about having the house divided up into 2 parts; they told me no.

    That was a very long time ago -- more than a few years ago -- maybe the laws have changed.

    I am going to ask again and see what my attorney has to say about this.

    Can't I just lock him out?
  • I do remember some previous posts about your brother. I did not realize he is 53 years old. Good lord! I guess you're going to have to sue.

    I'm not sure you have any say in whether or not he moves S in since you both own the property and live in separate units. The only positive I can imagine would be that maybe you would get paid something? 

    I just can't believe he can't keep up his half of just the bare minimum expenses, without even a mortgage on top of it. Ugh! Good luck!
  • You can't lock him out of a property that is deeded to him and he has been living in. 

    Once you get a judgment, you will likely have to have his wages garnished to get compensated.

     Even if he was just renting from you, you could not just lock him out. You would have to go through the eviction process. 

    It is unlikely you will be able to split the home into two separately deeded units, especially if you were already told "no".

    My uncle has two homes built on one city lot (they were probably built literally 100 years ago). Because they no longer meet code for lot size, they will not split them into separate properties. So, he is stuck with being unable to find a buyer who wants two houses (he purchased them for rental income in the 70's not realizing he would STILL be stuck).

    Good luck to you. This whole situation just sucks!
  • edited September 2013
    I do remember some previous posts about your brother. I did not realize he is 53 years old. Good lord! I guess you're going to have to sue.

    I'm not sure you have any say in whether or not he moves S in since you both own the property and live in separate units. The only positive I can imagine would be that maybe you would get paid something? 

    I just can't believe he can't keep up his half of just the bare minimum expenses, without even a mortgage on top of it. Ugh! Good luck!
    To date he is behind 9600!  And that is just from the past 2 years!

    The last time S moved in they weren't even engaged and she told me she wound up paying for the entire load because he didn't have a penny to pay the utilities!

    This happened the second she moved in.

    So I am sure she will be REAL keen on helping him out this go round. Ha ha...so funny, all of it, eh?

    I think he is pulling the "let's scare TM into thinking S will be returning" card. She'd return here and pull the load again? She's got a 55K a year job. I am sure she'd be more than willing to "donate to charity' in the form of paying all the utilities again.
  • Oh my! I wish my living expenses were only $400/mo. This dude needs to pay up! I live in the good old Midwest and wouldn't be able to rent a dump for that!

    Yep, sue him. Sue him again. In two more years if you need to.

    Seriously, what is he spending hid money on!?

    I wouldn't let him scare you about S coming back. At least SOMETHING would be getting paid. I really feel for you!
  • Oh my! I wish my living expenses were only $400/mo. This dude needs to pay up! I live in the good old Midwest and wouldn't be able to rent a dump for that!

    Yep, sue him. Sue him again. In two more years if you need to.

    Seriously, what is he spending hid money on!?

    I wouldn't let him scare you about S coming back. At least SOMETHING would be getting paid. I really feel for you!
    He is in debt and in a considerable amount of it. He had a car repoed twice -- this was in 2007 -- and he gave up the lease on that car and sublet (can yo do this???) a car belonging to somebody else. Then he wound up either financing or leasing a shitty used car -- he says it is costing him $350 a month due to his credit. Who in potato salad even knows if he is telling the turth?

    What he needs to do:

    Sit down w2ith me and show me what he made/netted over the last 2 years versus his living expenses and say, "listen, as you can see, I can no longer pay what I need to pay. Let's work onb this together; I can't stiff you."

    He could move out, rent it to somebody and go live in a one room apartment -- and give me half the money.  He could go get  part time job on his days off and use that money to pay for his share of this home.|

    |Fact is you do things like an adult, not a stupid little irrresposible kid.
  • If the house is paid off what are paying for? Taxes? His electric? His water?

    Just take his ass to court.
  • If you're ready to end your familial ties with him then gather all the evidence you need to sue his ass.  My FIL has been in a money over property situation with a cousin-in-law of DH's and he won't pursue legal actions because it's family.  So thanks to that d-bag my FIL could no longer afford to live in the house that him and MIL (she passed away) built as their retirement home and had to sell it and live in a smaller house.  And because of that DH and I don't want to have anything to do with that cousin-in-law and his family (including DH's cousin and their kids.)  Collateral damage but since we weren't too close to them it doesn't hurt as much.  It sucks but at his age he should see what he's doing to his sister.  I do wonder if he's ashamed of his situation and unfairly lashing out at you.  Either way, I think you've put up with this BS long enough.
    Baby Birthday Ticker Ticker Baby Birthday Ticker Ticker
  • I do wonder if he's ashamed of his situation and unfairly lashing out at you.  Either way, I think you've put up with this BS long enough.

    The shame is entirely his own.

    He has plenty of means to pay for his share: he is off on Sundays and Wednesdays and teaches tennis as a side business. He can earmark the money from lessons for what he needs to pay for.

    So his excuse "I have no money" is bunk. Patent nonsense, a lie and bullshit.

    He has been unreasonable for years and just plain nuts -- his behavior has always been erratic and outrageous.(Don't ask what he did to my mother -- she needed to boot his ass instead of enable him. He has needed toughlove for decades)  Suppose something happened to me? Could he take this place over tomorrow with no disruptions and not lose this place and have to sell it or have it taken by the town? Nope.

    I should have nipped this garbage in the bud when it began.  I have a whole plateful of troubles and there's this on top of it.

    I am going to have to act quickly on this.
  • I just hope you realize by sueing him if you win the case you're not anymore likely to accually get the money he owes you and stand to spend alot of money to still get nothing in return. Winning a court case does not garrentee that you will get the money and will end up spending more money to pay a collector to get it for you.
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  • arhayden1 said:
    I just hope you realize by sueing him if you win the case you're not anymore likely to accually get the money he owes you and stand to spend alot of money to still get nothing in return. Winning a court case does not garrentee that you will get the money and will end up spending more money to pay a collector to get it for you.
    He has a sum of money coming due from another source -- I can put a lien against that and get the money that way, also.

    Even still --- how do you safeguard this from jhappening again? I cannot. I have to have him out of here, period. He will only do it again.

    Poor character is what this is --- how dare you live off somebody else, more or less. If he was not able to work due to some physical disallowance or was unemployed, that's another story. Shit happens -- but shit like not being a responsible adult and doing what you are obligated to do is quite another story.
  • Well, this is dandy.

    Even if I put a garnishment on his salary, I may be one of many already in a queue who are owed money so I won't be prority.

    There may also be liens on this house, thanks to his debt --- I wold not necessarily have to be notified, as co owner of this house.

    I am going to have to get a title search on this home, to see if there are liens involved. And even so? IF we were planning on selling it, the liens have to be resolved.

    And who does that--- ME????? BullSHIT!

    His ass needs to go --- and go asap. My atty is in court and hasn't had a chance to hollaback. I'm a bit upset: time is of the essence here; I wish to freeze that chunk of change that is due him (another story) and get my money from that pile that's there versus a garnishment.
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