How is the property divided or valued in a partition case if we can’t agree? – North Carolina Short Answer In a North Carolina partition case, the court (usually the Clerk of Superior Court) first decides each co-owner’s legal share, then decides whether the land can be fairly divided “in kind” or must be sold…
How do I find out who legally owns each parcel and what share I inherited after my parent died? – North Carolina Short Answer In North Carolina, the legal owners of each parcel are determined by the recorded deed history (Register of Deeds records) plus any probate filings (the will, if any, and the estate…
What are my options if I need to list all current heirs but the family tree is complicated and some relatives may be deceased or unknown? – North Carolina Short Answer In North Carolina, a partition case can still move forward even when the family tree is complicated, as long as the petitioner uses due…
How can I force the sale of a jointly owned home when one co-owner changed the locks and won’t let the others enter? – North Carolina Short Answer In North Carolina, a co-owner generally can force a resolution through a partition case filed in Superior Court, which can result in either a physical division of…
What records should I gather to prove which co-owner made payments and avoid disputes when the proceeds are distributed? – North Carolina Short Answer In a North Carolina partition sale, the court can adjust each co-owner’s share of the net sale proceeds based on documented payments for “carrying costs” (like taxes, insurance, repairs, and mortgage/loan…
What happens if one beneficiary or co-owner refuses to split trust assets or real estate equally? – North Carolina Short Answer In North Carolina, a co-owner generally cannot be forced to stay stuck in shared ownership of real estate if another co-owner wants out. If a co-owner refuses to cooperate with an equal split or…
What happens in a partition case if we find a buyer and sell the property before the court orders a sale? – North Carolina Short Answer In North Carolina, co-owners can usually sell the property voluntarily at any time if everyone with an ownership interest (and any required lienholders) agrees and can deliver clear title.…
Can I get reimbursed for burial or funeral expenses when the only remaining asset is real estate that passed directly to the heirs? – North Carolina Short Answer Yes, reimbursement may be possible in North Carolina, but it usually requires an estate process (probate) or an agreement among the heirs. Even when real estate passes…
What happens after a partition case is filed and the other co-owner is served? – North Carolina Short Answer In North Carolina, once a partition case is filed and the other co-owner is served, the next step is usually the co-owner’s written response, followed by the clerk of superior court deciding whether partition is appropriate…
How do we challenge a partition case filed by a co-heir who is claiming more than their share of inherited property? – North Carolina Short Answer In North Carolina, a partition case can be challenged by formally disputing the petitioner’s claimed ownership interest and asking the court to treat the recorded “extra-share” deed as a…
