Can my lawyer negotiate a buyout of my interest in the property for me? – NC Short Answer Yes. In North Carolina, a lawyer can negotiate a buyout of a co-owner’s interest in jointly owned property and try to resolve the matter without a full partition sale. A buyout is usually a settlement in which…
How do I know whether an offer to buy shared property can move forward when there is a dispute among the owners? – NC Short Answer In North Carolina, an offer to buy shared property usually cannot move forward to a final closing if a partition case or sale process is still pending and the…
How can I find out where a petition involving shared family property currently stands? – NC Short Answer In North Carolina, the current status of a petition involving shared family property usually appears in the partition case file maintained by the Clerk of Superior Court in the county where the case was filed. The key…
How can I force the sale of a house I co-own with two other people after a parent passes away? – NC Short Answer In North Carolina, a co-owner of inherited real estate can ask the court for a partition proceeding to divide the property or, if division is not practical, order a sale. For…
Can a relative buy a house when several family members each have a share in it? – NC Short Answer Yes. In North Carolina, a relative can buy a house that is owned by several family members, but the sale must follow the rules that apply to co-owned property and any pending partition case. If…
What are my options if I want to keep a co-owned house instead of selling it? – NC Short Answer In North Carolina, a co-owner who wants to keep a house can ask the court to use a form of partition other than a full sale if the property can be divided fairly or if…
What information do I need to gather before asking a lawyer to review a partition case? – NC Short Answer Before a North Carolina lawyer can review a partition case, the most useful information is the deed, the property address, the names of all possible co-owners, and any papers showing how each person claims an…
Can a partition action still proceed if the property has not been sold yet and the case does not seem to have moved forward? – NC Short Answer Yes. In North Carolina, a partition action can still move forward even if the property has not been sold yet and there has been little visible activity.…
Can I dismiss a partition case after it has already been filed and the other co-owner has been served? – NC Short Answer Yes. In North Carolina, a partition case is a special proceeding, and the filing party can often end it by filing a voluntary dismissal before the matter has moved too far. Service…
Can I refuse to mediate a property dispute if the other co-owner is sending threatening messages? – NC Short Answer Usually, a co-owner in a North Carolina partition case cannot simply refuse mediation if the court has ordered it. But threatening messages can matter. In a partition proceeding, mediation is often voluntary unless the court…
