We are my dad's second family. My parents are not married, because my dad is still married to his first wife (he has 3 kids with the first wife). He and the first wife separated and lived with my mom and started a family with her. They were together 23 years till they separated around 2007-2008 when my mom experienced physical, verbal, sexual and psychological abuse from my dad. During the time they were together, they acquired our house and lot (property named after my dad "married" to my mom. both their names are in the title but indicates married even though they're not). They also adopted my kid brother in 1997. Since they separated, my dad moved out of the house and made many efforts of convincing my mom to sell the house and just spilt the money. But my mom fought for the house because she is concerned about us (the children) and where we will stay. I know they shared in purchasing the property, but for the longest time, my dad has not been supporting us financially so my mom shouldered all expenses including the real estate tax of the property.
Now that my mom is gone, my dad wants to return to the house to live with us. When I told him that I am not comfortable with that option because we do not feel safe with him anymore and he doesn't support us financially anyway, he suggests selling the house and splitting the money with us so we can get a condo unit for me and my 13-year-old brother. I need legal advice whether there is a way to keep my dad from selling the house. I am only 26 and it would be very difficult for me to raise my brother and pay for a new place just because my dad wants his share of the property. Isn't he the one who has financial obligations to us, especially to my brother who is a minor instead of us having to pay/suffer for his financial whims?
I desperately need your help. I hope I was able to give enough details for you to analyse our case.
Thank you so much.