Waynesville, NC asked in Estate Planning and Probate for North Carolina

Q: My Dad died ..all deeds to property are still in his name _ property fell to my brother & I ..but he won't split propert

My brother wants both properties_ have 2 separate home places_ with land..different deeds fer all property..wants to be difficult splitting property help

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2 Lawyer Answers

A: You should be able to partition the property to divide it equally. Please feel free to call me at the number below if you'd like to discuss further.

Thank you,

Evan Lohr

(919)348-9211

A: Sorry to hear about your dad.

If you both own both properties (and depending on exactly what the Will states), you could file a Petition to Partition the properties, and the Court will either split the properties (which could mean one property gets divided into 2, in order to make up the difference if one is larger than the other), or the Court will order the properties to be sold, and the proceeds split. Try to strike an agreement with your brother (maybe he pays you for your half). Short of an agreement, you would need to file suit or just be ok with owning both properties with him. Speak with an attorney to go over all of your options.

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