Legal Question in Real Estate Law in North Carolina
My brother and I inherited a house and lot in North Carolina jointly. He chose to move in the house without my knowledge and has been there now for almost three years. The house is for sale and has been since he moved in. He first did a considerable amount of remodeling to the house and claims that I owe him half of the cost for the remodeling. I was not involved/asked/ consulted with on the romodeling. Am I liable for any of the costs he paid. Also, I have been told that as a tenant in common, am I entitled to one half of the market rent for the period of time he has and plans to occupy the house?
1 Answer from Attorneys
You are correct in that you are owed for 1/2 of the market rent of the house. However, your brother has made improvements to the home. Whether you were consulted or not, you took no legal action to stop him. If he increased the value of the property, you would benefit from that, so I think you should be required to pay for 1/2 of that.
Inheriting a home like this is never a good idea and it would have been far better if you and your brother had resolved after you inherited the home. If he wanted the home, he should have bought out your share or vice a versa. Now there is a mess.
Go and see a real estate lawyer who does what is called "partition" actions. If this cannot be resolved, then in a partition action, the parties will ask the court to sell the house and the proceeds will be divided between you minus any offsets for rent or improves or liens.
Depending on where the home is located, it may or may not sell. It would be better for you to work this out, even if it means that your brother gets a home equity loan and buys you out.
However, see a real estate litigation lawyer in the county where the land is located.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
