Leicester, NC asked in Real Estate Law for North Carolina

Q: i live in nc. a home was left to my brother and i. can i force my brother to sell as i don't want to live there.

my brother, sister and i were left a house in nc by my dad who passed away in nov 2019. my sister had a 1/3 share. my brother bought my sister out. he now owns 2/3 of the house and i own the other 1/3. i'm getting ready to graduate shortly and want to sell my 1/3 of the estate.

my brother now tells me that i can't make him buy me out and that i don't have the same rights my sister had when he bought her out. can i make him sell the house so that i can receive my 1/3 of my inheritance? he is also intentionally damaging the house so that if he has to sell the value of the house will be reduced. what can i do to get out of this nightmare? ty in advance.

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1 Lawyer Answer
Ben Corcoran
PREMIUM
Ben Corcoran
Answered
  • Yadkinville, NC
  • Licensed in North Carolina

A: You can absolutely force a sale, also your brother has an obligation to you to not damage the house. You have all the rights that your sister had, the fact that he now owns 2/3 has no bearing on your rights. Speak to a local lawyer to see about starting the process for both of these issues.

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