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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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