Greenville, NC asked in Real Estate Law, Estate Planning and Probate for North Carolina

Q: Parents died and in will left home to children. One lives in the house, won't pay rent to others and won't move out.

The other children want the one in the house to either buy them out of the house or to pay them rent. What is the best course of action since the child in the house refused to do either? At this point, the desire is for the child to move out so the house can be sold.

2 Lawyer Answers

Melissa Averett

  • Estate Planning Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: Hire an attorney to file a petition to partition the property. Family law attorneys are more likely to be aware of this type of claim. its an action before the clerk of court to handle this exact situation that will likely result in either a settlement of one party buying the other's interest or a court order compelling the sale of the property.

Sara W. Harrington agrees with this answer

Amanda Bowden Houser

  • Jacksonville, NC
  • Licensed in North Carolina

A: You can always hire an attorney to partition the property. Depending on how long the other sibling has been there without paying rent that sibling may and likely should end up with a lesser share to reimburse the others for the lost rent. Best of luck.

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