What happens if the deed to a property is wrong or unclear and needs to be corrected? – NC Short Answer In North Carolina, the next step depends on what is wrong with the deed. A minor recording mistake may be fixed by recording a corrective notice affidavit or other correction document with the register…
How do I interpret an old life-estate deed that says property passes to a person’s children if any, especially when one child died before the life tenant? – NC Short Answer In North Carolina, an old life-estate deed that gives property to a life tenant and then to that person’s “children, if any” usually turns…
How does an extension of time affect the next deadlines in a partition case? – North Carolina Short Answer In a North Carolina partition case, an extension of time usually moves only the specific deadline that was extended (for example, the deadline to file a response or the deadline for commissioners to file their report).…
Can co-owners force a sale or division of land that contains a family cemetery or burial sites, and how is that handled in a partition? – North Carolina Short Answer In North Carolina, a co-owner generally can file a partition proceeding to force a division of jointly owned land, and if a fair physical split…
What happens in a partition case if one of the co-owners dies—do we need to open an estate to sell or transfer good title? – North Carolina Short Answer In North Carolina, a co-owner’s death does not automatically stop a partition case, but it usually requires a party change so the deceased owner’s interest is…
How do I add an omitted co-owned property to an existing partition case if it wasn’t included in the original petition? – North Carolina Short Answer In North Carolina, an omitted co-owned property is usually added to an existing partition case by filing a motion to amend the partition petition and attaching a proposed amended…
Can a will that was never probated be used to change the ownership percentages in a partition lawsuit? – North Carolina Short Answer Sometimes, but usually not by itself. In North Carolina, a will generally must be offered for probate to be effective to pass title, and an unprobated will often will not control the…
What if I only have a copy of the will and not the original—can it still be accepted and how does that affect the case? – North Carolina Short Answer Sometimes. In North Carolina, a copy of a will can be accepted in probate in limited situations, but the court usually needs a clear legal…
If a petition is filed about a jointly owned house, who gets to decide whether it will be sold or kept? – North Carolina Short Answer In North Carolina, a co-owner does not get to decide alone whether a jointly owned house will be sold or kept once a partition petition is filed. The decision…
How can I stop a partition case from forcing the family property to be sold at auction? – North Carolina Short Answer In North Carolina, the main way to prevent a partition case from ending in an auction is to push for an actual partition (a physical division) instead of a sale, or to negotiate…
