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partition to sale or partition to divide

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What is the name of your state?North Carolina
My brother owns 1/2 of our deceased mothers property(which is 3/4 of an acre) and my sister and I each own 1/4 of the same property. My sister and I want to sell but our brother refuses to sell and he refuses to buy us out.
We are thinking about filing for partition. What are the chances that the court will decide to divide versus selling the entire 3/4 of an acre together.

Any advice is appreciated.
 
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seniorjudge

Senior Member
What are the chances that the court will decide to divide versus selling the entire 3/4 of an acre together.


The only one who can answer that question is the judge on the case.

Y'all will be able to bid at the sale, so either way, if you want the land, bid on it at the courthouse steps when it goes up for sale.

You need to be prepared for huge lawyer fees; I've seen "simple" partition suits rack up $5 or $6K real quick.
 

HomeGuru

Senior Member
my nightmare said:
What is the name of your state?North Carolina
My brother owns 1/2 of our deceased mothers property(which is 3/4 of an acre) and my sister and I each own 1/4 of the same property. My sister and I want to sell but our brother refuses to sell and he refuses to buy us out.
We are thinking about filing for partition. What are the chances that the court will decide to divide versus selling the entire 3/4 of an acre together.

Any advice is appreciated.

**A: 1% to 99%.
 
Our lawyer told us that it could not be divided because in this area a house with a well and septic tank must be on a 1/2 acre of land. If the land is split in half it will be less than 1/2 acre. I was wondering if there was any way that a judge would decide otherwise.

Thanks for the information above.
 

seniorjudge

Senior Member
my nightmare said:
Our lawyer told us that it could not be divided because in this area a house with a well and septic tank must be on a 1/2 acre of land. If the land is split in half it will be less than 1/2 acre. I was wondering if there was any way that a judge would decide otherwise.

Thanks for the information above.
If it cannot be partitioned in kind (and, according to your info, it cannot) then the dough that it gets at a sale must be partitioned.
 

seniorjudge

Senior Member
BelizeBreeze said:
Actually, in Hillbilly country it's more like -50 to +150% depending on the number of first cousins
Excuse me, BB, but that is very insensitive on your part.

I want you to know that several of my ex-wives and many of my girlfriends have been my cousins, and they were all fine, upstanding women and even better when they weren't upstanding.
 
What makes BelizeBreeze think that I live in hillbilly country. If BB would have read my original post, BB would have seen that there are only 3 of us involved. One brother and two sisters and fyi, we are not married to our cousins.
 

HomeGuru

Senior Member
my nightmare said:
Our lawyer told us that it could not be divided because in this area a house with a well and septic tank must be on a 1/2 acre of land. If the land is split in half it will be less than 1/2 acre. I was wondering if there was any way that a judge would decide otherwise.

Thanks for the information above.

**A: Hmmmmmm, WELL why did you not provide that info to us in the first place? WELL, anyway, my post stands.
 

seniorjudge

Senior Member
my nightmare said:
What does partitioned in kind mean?
If there's a big pile of beans and y'all can't agree on who owns it, the judge will divvy up the beans. (Partition in kind)

If you have the painting of the Mona Lisa and cannot agree on who owns it, the judge will sell it and split up the dough.
 

HomeGuru

Senior Member
seniorjudge said:
If there's a big pile of beans and y'all can't agree on who owns it, the judge will divvy up the beans. (Partition in kind)

If you have the painting of the Mona Lisa and cannot agree on who owns it, the judge will sell it and split up the dough.
**A: uh, why can't the judge divvvvy up the painting, Ya know, cut it in equal peaces?
 

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