If I owned a house with my late mother and now my brother is threatening to partition it to the court for sale, what rights if any do I have?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I owned a house with my late mother and now my brother is threatening to partition it to the court for sale, what rights if any do I have?
Do I have to sell my half because my brother doesn’t want me to keep the house?
Asked on July 11, 2015 under Real Estate Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
At this point, I assume that the house is in both of your names. Accordingly, when co-owners of property (real or personal) cannot agree as to ownership matters, a "partition" action can be filed in court. Pursuant to such an action, if the property in questions can be divided the court will so instruct. However, if it is not practical to divide the proeprty (asin the case of a single family house), then the court will order that it be sold. First, however, any owner who wants to keep it may make an offer to purchase it for fair market value. if no offer is made, then the property will be put on the market for sale to a 3rd party purchaser.
At this point you may want to consult directly with a local real estate attorney. They can best advise you further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.