My brother and I own an inherited house, his son and family has been living there rent-free for 7 years. Brother has been paying the taxes ($12k) and homeowners insurance, and what maintenance has been done. I want to sell, he does not. If it comes to a partition sale, can I claim the 7 years of back rent to off-set what he has paid so we can split the proceeds in half. I would like for them to buy my half but that does not seem likely.
This is a potentially legal question. "Can I claim?" - It's a bit late in the game. We're not here to reprimand people for what's past, but to try to offer a solution for now.
You need to go to him and get to the point. You own half of a $600K (am I close?) home and are seeing no return on your equity. You'd like to sell it and get your half, at minimum, but feel that you are entitled to a bit of the lost rent. Half, right? And offset by half the taxes he paid. If the house rents for $2000, you should have seen $12K/yr, less $6K for tax. Or only $6,000/yr. But that adds up over time. And it's only 2% on your locked up $300K.
He can say no. You might have to go to court to force a sale. The court might give you something for the 7 years, or not, it depends on the judge.
For anyone who reads this on inheriting such a house as joint owners, nail the details down at the time you inherit. Else resentment can build up, and things can get ugly.