Is there any other action that I can take other than filing for partition against someone who has inheritated part of a homestead and land?
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Is there any other action that I can take other than filing for partition against someone who has inheritated part of a homestead and land?
My mother passed away last year and left her home and land to myself which holds 50% and my niece and nephew which hold 25% each according to the Will. They have both moved into the house and are not willing to sell the property to be able to split the land and home the way it needs to be. If I were to start a partition action, I believe that it would cost more money than the home and land would be worth to just sell. They have mentioned that they might be willing to buy out my 50% but I don’t believe that they have the resources to do this. I would be willing to buy them out, but I do not believe that they are willing to sell. Are there other options that I can take to have them more interested in wanting to sell, like possibly charging them rent for moving into the house without permission or something else?
Asked on June 4, 2019 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You, no can't charge them rent: they are owners like you, and all owners have a right to access, use, possession, etc. of the home. (You could move in with them if you wanted, for example--you most likely don't want to, but you have the same right to move in as them.) Your only options are the ones you have evidently already considered: them buying you out; you buying them out; or an action for partition.
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