If the executor didn’t pay the mortgage or keep insurance on the house, what can I do to hold them accountable? – North Carolina Short Answer In North Carolina, a co-owner who is also serving as an executor (personal representative) can be held accountable in more than one way if they let a property fall…
How do I stop or challenge a pending sale contract that only one co-owner signed? – North Carolina Short Answer In North Carolina, one co-owner usually cannot force a sale of the entire property to a third-party buyer by signing a contract alone. A co-owner can generally sell only that co-owner’s own interest unless the…
How does the court decide what share of the sale proceeds my spouse gets if they aren’t on the deed but claim an equitable interest? – North Carolina Short Answer In North Carolina, a spouse who is not on the deed usually does not automatically receive a share of sale proceeds in a partition sale,…
If the house is at risk of foreclosure because bills weren’t paid, how does that affect my share and the estate’s assets? – North Carolina Short Answer In North Carolina, a foreclosure risk usually means the mortgage (and sometimes taxes or other liens) gets paid before any co-owner or estate receives sale proceeds. That can…
Can I file a partition action to force the sale of a co-owned house even if there is a tenant living there under an active lease? – North Carolina Short Answer Yes. In North Carolina, a co-owner can file a partition proceeding in Superior Court to end co-ownership, even if the property is currently rented…
If the property is behind on the mortgage and heading toward foreclosure, what options do we have to avoid losing it while the ownership dispute is ongoing? – North Carolina Short Answer In North Carolina, the main ways to avoid losing a co-owned property to foreclosure during an ownership dispute are (1) quickly bringing the…
If some owners want to fire the property manager but another owner doesn’t, is the property management contract still valid and enforceable? – North Carolina Short Answer In North Carolina, a property management contract is generally enforceable according to its terms unless the owners who signed it had authority to bind the other co-owners (or…
Can a co-owner who is living in the property be required to move out so the house can be shown and sold, or can they stay until closing? – North Carolina Short Answer In North Carolina, a co-owner who lives in a jointly owned home often can stay in the home while a partition case…
Do I need to be legally separated before I can file a partition action against my spouse? – North Carolina Short Answer No. North Carolina partition cases are based on co-ownership of property, not marital status, so there is no general rule that spouses must be legally separated before a partition case can be filed.…
What is a partition action, and how does it work for a jointly owned marital home? – North Carolina Short Answer In North Carolina, a partition action is a court process that lets a co-owner of real estate force the property to be divided or, more commonly for a house, sold so the co-owners can…
