Legal Advice? Co-owning a Boat...

Updated on May 06, 2010
M.O. asks from Barrington, IL
4 answers

We have co-owned a boat with my brother and his wife. Three years ago, my husband and I told my brother we really can't use it like we'd hoped, it's up in Wisconsin, and we don't have means to store it here. So my brother said, figure out what you want for it and we'll buy you out. After contacting our insurance agent for the "going rate" of the boat and motor, we contacted my brother.

Well we've been "around this tree" for THREE YEARS now. Every year he says he's going to pay us. And every year nothing. We've had it.

My brother has the title. He lives in WI so he paid for the boat (we wrote him a check for out 1/2 upon purchase). He got the license, insurance, etc. and we would reimburse him for those expenses.

He has made it ABUNDANTLY clear that he wants the boat, and that he will not give up the title to have it sold unless we "buy him out of it" first. Well we have no intention of giving him any more money.

The price we agreed upon three years ago is probably not the price we can get for it now if we sell it.

What legal grounds do we have here? We are listed as co-owners on the title! We want our money - either to sell it or have him buy it, however it doesn't appear he has the means or willingness to buy us out.

HELP - we just want OUT OF THIS mess.

EDIT: we have asked for payments, asked to sell it outright to a third party, etc. We are not willing to just "forget" the money spent on this boat. If he can't afford it, then he should at least be willing to sell it!

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So What Happened?

I am happy to report that my brother sent us 2/3 of the money he owes us! He agreed that it was long overdue and that he will get us the rest as soon as he can. I am very grateful for all of your input. This has been a long road that is hopefully going to come to an end soon.

More Answers

B.C.

answers from Norfolk on

You are probably never going to get your money back. You could try by taking it up in small claims court, but you may not be able to if there's a statue of limitations involved. He's just going to use it till it's too old to sell, and then the only thing anyone will be able to do with it is to donate it to a charity so you/he can write it off your taxes. Since both your names are on the title, neither of you can sell it without cooperation from the other.

3 moms found this helpful

T.N.

answers from Albany on

maybe it's time to just let it go........take the loss and move forward...people 'wrong' us every day, even family, be the 'big' person and forget it

1 mom found this helpful
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M..

answers from Cleveland on

Family and money is a bad mix. Trust me, I know. My brother in law owes us a lot of money, and we are never going to get it. We did a property transfer and decided to keep it just between us, not get lawyers and contracts involed (very bad decision). They got the property in their name and paid us a small lump sum. They kept promising the balance of the money was coming...that was 3 years ago! At this point unless we get a lawyer and go to court, we are never going to get paid. This is my husbands brother who did this to us, so I let my husband handle it. He doesn't want to take his own brother to court, so he has decided to let it go. It has caused a huge rift between him and his brother. They barely talk now. We live 20 minutes away from them but we have not seen them in years. I guess they are too embarassed to show their faces around us. So my husband basically lost his brother over money.

It is so sad when people care more about money and posessions than their own family. We let this situation drop because we want to be the "bigger" people here. Its just money. Be careful how you handle this. You might lose your brother over a boat. Is it worth it? Good luck whatever you decide to do.

1 mom found this helpful

L.A.

answers from Austin on

Maybe he is too embarrassed to admit he can't afford what you want for the boat.

Maybe your husband could tell him you all would accept monthly payments.. Or a certain amount down and then monthly payments..

None of us always really know what is going on in other households, even close relatives.

1 mom found this helpful
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