What can I do if a house was willed to my brother and I but he changed the locks, let people move in and refuses to buy me out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if a house was willed to my brother and I but he changed the locks, let people move in and refuses to buy me out?
Our mother willed her house to me and my brother and I. He immediately changed the locks on the doors, made some minor renovations (refinished floors, new carpet, interior paint) and let his grandson move in rent free (for over a year now). I’ve asked him to buy me out but he insists that he has no money but refuses to out the house on the market.
Asked on June 22, 2012 under Estate Planning, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss and for the situation. Was there an actual probate of an estate and a transfer of the deed to you and your brother? Who is the executor? You and your brother have equal rights under the law and he can not change the locks to keep you out. You need to seek legal help to make sure that the house is properly in your name then speak with the attorney about an action for partition - which asks a court to split an asset in two to divide it equally. Houses are generally sold and the profit split. Good luck.
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.