Legal Question in Wills and Trusts in North Carolina

You really will need to consult with an attorney in the area where the property is located. You may need to pursue a partition action to remove her or at least have an attorney write her a letter giving her a certain amount of time to leave before you bring a partition action.

When people own property as tenants in common - they each have right to use and possession of all the property. So she does have a right to live there and you have a right to live there at the same time. So I don't think you would have claims for rent without an agreement in place.

Other expenses associated with the property should be split but there might be exceptions if one person is living there. There may also be possible claims on your end if she has really damaged the property.

So again - the best thing is to consult a real estate attorney where the property is located. You always have a right to force a sale by bringing a partition action.

I agree. The only answer is to bring a partition action since neither of you is wiling/able to buy out the share of the other. You need to speak to a real estate litigation attorney who practices in the county where the house is located.

In theory, yes she has to pay you rent for her 50% of the home. So if the fair market rental value is $1000 a month, she would pay $500 in rent. But you also have an obligation to pay 1/2 of the taxes and maintenance. If you have not done that it may cancel out the rent. You do not indicate when the house was inherited, but you cannot go back in time more than 3 years.

Being a crazy cat lady and packrat does not necessarily mean that she has damaged the property but if she has in fact damaged it, then this would come out of her share of the proceeds.