My daughter and I bought a house together, she got married to someone in another state two years ago, now she wants to move to that state and ask what am I going to do. What are my rights?
State/Country relating to question: North Carolina
nothing yet, trying to figure out what's my next move.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. Could you elaborate a bit by being a bit more specific about your rights so I can address your concerns more directly? What are your goals and what are your daughter's goals? Thanks.
My goal is to move on and get my own place and stay in N.C. My daughter Plans to move back to Va.
Thanks. Are you planning on renting the current house? Selling it? Are you in agreement on whether to rent or sell?
She wants to rent it, but I'm not so sure because I can't have my name on two places because of income to debt ration and I'm on a fixed income.
Thanks. If you want to sell and she won't agree to a sale or won't buy your interest, you can force a sale of the property. You would do this by filing a suit for partition. The result of that suit will be one of the following: i) ifthe property can be equitably subdivided, the court will order the propertydivided into smaller parcels with each owner then owning 100% of their ownsmaller tract with full control over that tract; or ii) if the property cannotbe equitably subdivided, the court will order the property sold and theproceeds divided. Most of the time, it never gets to the suit stage because once the other party realizes the certain result of this, they simply agree to a sale without the suit to avoid the costs.
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Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Texas lawyer for 32 years; Also RE developer
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