Nobody comes here anymore.

I am guessing you’ve all have been losing interest or have had other fingers in other pies or both.

Nothing much new here. Am still waiting for court date. Latest antic is this from Bro, via his atty: Bro wants to either sell the house or come to an agreement with me to keep the house.

Nothin’ doin’.

I told my atty to tell Bro neither of the above and that a judge will look at the data. As you can guess, Bro ain’t pleased.

I want this to be over and as soon as possible.

Nothing else is new here. Same ole thing; still rolling on the job search.

7 thoughts on “Nobody comes here anymore.”

  1. I have come to the conclusion he is some kind of mental case.

    Now he is claiming he wants no settlement. “I am not going anywhere.” Really? So then I guess the email I got via your atty is about some other guy with the same first name as you, then?

    As of 2 days ago, he kept saying “When you and me come to a settlement with this house….” I kept asking him what settlement he was talking about and he couldn’t elaborate.

    So now it’s he isn’t going anywhere. Ever stop and wonder if the other people are sane as sane gets…and YOU’RE the one who is a flaming nutter??? Who’s going to listen to his lies and malinformed madness?

    I do not appreciate being lied to. There was no way she was moving out at the end of the school year.

    I told you guys from the start of this mess with her moving in early last fall that GF had no intention of staying here temporarily. The only way I am going to get rid of both of them is when he gets evicted.

    I am also wondering if he is bluffing by acting like he doesn’t have a clue of what’s going on…or if he indeed is completely and fully unaware of what the partition process and court hearing consists of.

    ANd of course he takes a cheap shot at me being out of work. “At least I have something.” “Yes,” I replied, “the same stupid little retail job you’ve had since age 20 — that’s what you get for not bettering yourself and either staying in college and graduating or learning some sort of a trade.”

    I will admit all of this is bothering me. You think I like being home day after day? He probably thinks I am refusing to find a job. THat’s not so; I’ve been knocking myself out for TOO long trying to get myself back onto somebody’s payroll.

    I am doing the right thing by taking this to court. I cannot have him here. It’s the dishonesty and the fact that he bled me dry and rode my coattails for too long; better late then never, as they say.

  2. A lot of people have no idea of what the law in a given situation is, so they figure that if they really confuse you, their chances of a better outcome improve. Even if they know, they don’t want to accept the truth. I went through this with a retired friend of mine who wound up in a payment plan with the IRS that will last six years because she didn’t have enough tax withheld for 2012, and I expect the same in 2013. Most of the time, the 20% that is withheld by default on distributions from retirement plans isn’t enough to pay the taxes, especially if you’re single.

    Partition of a tract of land makes sense. If you paid certain expenses for the land’s upkeep for a number of years, you might be entitled to (say) 80% of the land going forward. It is more complicated with a house. You don’t have the money to make a physical partition, so your best-case scenario might be sole title to the house with a lien to your brother for any remaining value that remains in his interest in the house net of costs and expenses that you paid on his behalf that gets paid off when the house is eventually sold. The lien would accrue interest at the going rate, but this outcome would avoid having you need to borrow money against the house to pay Bro off.

    If the house is ordered to be sold, you want a court order that protects your right to collect Bro’s debt from the proceeds of the house. You want to be declared to be entitled to 50% of the net proceeds for the sale of the house plus whatever Bro owes you, with interest. This way, he is stuck with half of the costs of selling the house. You’d be facing an “as is” sale that is unlikely to get top dollar for your house.

  3. A physical partition isn’t really possible — this is a 2 family house with a basement and a driveway next door, with a dilapidated garage on it.

    I cannot have this case result in this house being sold. At my age a mortgage wouldn’t be a good idea.

  4. As I understand it, the outcome that you want is to be awarded sole title to the house and to have Bro and Girlfriend evicted, preferably with him ordered by the court to pay you MORE money. To get to that point, you would have to prove that you had paid his share of the expenses related to the house over a period of years that was in excess of the value of his half-interest in the house.

    Your lawyer should have explained to you that a lot of the time, a partition action results in the house or other property being sold.

  5. What am I supposed to do — do nothing about this??? Just stand down and let him get the best of me and my self esteem, all while he rides my coattails?

    I want to buy HIM out. For whatever amount it is; he can go. I can’t have a mortgage at my age.

  6. I understand that you want to buy him out. However, I don’t understand how you could buy the house without borrowing money or getting a mortgage, because it has been difficult for you to buy even fuel oil for the house, much less pay for whatever residual interest that Bro retains in the house net of his debt to you, should there be one.

    To make up numbers for the sake of an example, suppose that your house is worth $100K and Bro owes you $25K. Unless you can pay $25K plus court costs and legal fees (to include closing/transfer costs) out of pocket, you will need to borrow the difference to pay off Bro if you want to buy him out. He is still entitled to be made whole for his interest in the house net of any debt that he owes you in a buyout. This is why the property often winds up being sold in a partition action. Neither party can come up with the money to buy out the other person.

    When you go to court, I would expect the judge to order that the property be appraised if it hasn’t been appraised already to determine Bro’s residual interest in the house.

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