Legal Question in Real Estate Law in North Carolina

Forever if your name is on the deed. That means that you are a co-owner of a 1/4th share of the property. The problem is that you want the house and at least one or more of the other siblings wants out. 4 people owning land is a bad idea unless they can agree all the time on everything. You obviously cannot since you want to stay and the others want to sell. What you should do is buy out the shares of those who do not want the land. If you don't have the funds, then work out some kind of agreement on paper and give them a mortgage and make monthly payments or something. Consult a real estate or probate lawyer who practices in the county where the land is located before you do anything.

If those who want the land are unwilling or unable to buy out those who don't, then any of the parties can bring what is called a partition action. If this is one big tract of land, it may be possible to partition the acreage that would represent the share of the siblings who want to sell. In such case, their share can be sold and you and any others who want to keep the home can stay. If that does not work or the land is not capable of being divided, then any of the owners can bring a partition action and the land will be ordered to be sold to the highest bidder. If that is not you, you will have to vacate the house once its sold. Your other siblings (and you) may have claims against one another for fair market rental of the home by you and for any taxes or other expenses like HOA dues, insurance or maintenance.

If you agree to sell then all of you are going to have to sign the sales agreement and any deeds if all of your names are on the deed. You cannot sell the land alone unless you hold power of attorney over the other siblings. Caring for a now deceased parent gives you no special standing.