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Old 02-22-2001, 03:31 PM
Reallysteamed
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When my father-in-law passed away, his will stated that the property (a house and 10+ acres of land) was to be equally divided between his 3 children. The house was rented to one siblings son, with the agreement he would pay each sibling $100 per month rent ($300), with an option to buy the home at a later date. However, when a contract was drawn up, my husband and I didn't sign it because it contained a clause that would have locked us into being co-property owners on a 45' easement that was not needed for the house, but would only benefit the sibling whose son is renting the home (there is already an easement that gives access to the property the sibling has built a dog breeding business on). Since then, the nephew has not paid any rent to my husband (almost 5 months), and the executor of the will (my husband's sister) has refused to have the land surveyed and divided...she wants my husband to give up his inheritance to keep his older brother happy, and she has said that if we sue in small claims to recover the back rent owed, she will lie and say that my husband consented to let the nephew live rent-free in the home. How difficult would it

be for us to petition the court for Partiton of Property without an attorney? We reside in N.C..

[Edited by Reallysteamed on 02-22-2001 at 03:35 PM]
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Old 02-22-2001, 07:03 PM
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Very difficult.
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