Mebane, NC asked in Real Estate Law for North Carolina

Q: I share ownership of real estate with one person. Can I gift my part to them without their acceptance?

My brother and I inherited property from mother, he does not want to sell, and has record of not paying taxes and such. I do not want the liability if I my property can incur a lein or other legal forfiture. Please direct or advise

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1 Lawyer Answer
Cameron Lambe
Cameron Lambe
  • Raleigh, NC
  • Licensed in North Carolina

A: All of this will depend on how the property was conveyed to you, which will be evident from the language in your deed. It is possible that your interest may be unaffected by anything your brother does (or doesn't do), but it is impossible to say without knowing what type of interest you hold in the property. You are always able to deed over your interest in the property, but it may not be necessary. To fully understand your rights and possibilities, please consult an attorney.

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