Could younger brother sue older brother for the construction fee?

Question

Older brother bought a house with his wife (community property) years ago. Younger brother did the remodeling for the house but didn’t get any pay from them. But now they’re going to divorce. Could younger brother sue older brother for the construction fee before he pays to his wife 50%? If yes, how can he file the petition? In CA.

The older brother was divorced. Ex-wife wants to repudiate the origianal divorce agreement and gets more alimony.

Answer 1

It may be too late now ... there is a 'statute of limitations' on many civil suits, and this is one that could fall under that. You need to contact an attorney and ask him ... call your local bar association and tell them the 'basics' of the case that you wrote in your explanation here ... they will give you referral to one or more attorneys qualified to handle your case. In most cases like this the first consultation should be free or for a 'minimum charge' ... and if you are charged, that can be added to the payment your brother must pay you if you win your case in court. The attorney should also be able to arrange a 'settlement' ... in which case his fees would also be added to the amount your brother owes you, and the 'settled amount' would be 'divided between you' either equally, or with the attorney's fees taken out first and the rest given to you.

Answer 2

What an odd question. Has he ever given them a bill for his work or even asked for payment? If not, I think this is a no go. If he has requested payment, particularly if he has a contract specifying the payment amount, he could probably put a lien on the house. That would require that he be paid before the house could be sold. It doesn't really sound as though this is the case. What is sounds like is that the younger brother doesn't want the soon-to-be-ex-wife to get half of the financial benefit of his work. But if it was a gift at the time, I don't think there is any recourse.

Answer 3

as other said, statue of limitations will be factor
plus was there any contract for the labor? who acted as contractor, was there any time sheets reflecting the labor ? was thee any billing of hours?
if not then you got no claim
one thing a judge would ask is why money was never paid upon completion of the project...
lack of a collection effort will make it look like a gift to the newlyweds
and you cannot collect on a gift
you cannot file a lien for unpaid labor either as if you were acting as a contractor on a remodel but has no license, and did not present a 20 day preliminary lien notice ( as required in CA when signing a construction contract ) and the amount is over 500, you cannot collect.

Answer 4

Put a lien on the house for the construction costs. Then before they split the money from the sale of the house, you get paid. Also, they can not sale the house ever without you getting your money. If not house, you can certainly sue him and make sure her name is in the lawsuit making her liable as well as him. If you name both, then both have to contribute their portion.

Answer 5

have been given any evidence brother agreed to pay you? with out some form of evidence (your be conscious on my own isn't sufficient), you have not got a case. whether you do have a case, do you unquestionably need to sue your guy or woman brother (fairly now while he’s apparently having economic issues)? i would not. yet possibly you're able to.

Answer 6

was there a contract for the work done saying the younger brother would get paid so much money? if not you might have a hard time getting paid after so long.... always always always put it in writing!!!!!!!!! any attorney would tell you that,,,,

Answer 7

Lien on the house before anything can happen. You waited this long do you really want to do this.