If an heir has a cognitive disability, how do we get a valid signature or court approval to transfer their share? – North Carolina Short Answer Under North Carolina law, an heir with a significant cognitive disability generally cannot sign away a real estate interest unless that person actually understands the transaction. If capacity is…
How do we handle heirs we can’t locate or who live out of state when trying to clear title? – North Carolina Short Answer Under North Carolina law, missing or out-of-state heirs do not stop a title from being cleared, but they do change how the process works. In a negotiated, no-court approach, deeds can…
Once an heir signs a deed giving up their interest, do they still have to be part of any court case about the property? – North Carolina Short Answer Under North Carolina law, once an heir signs and properly records a deed transferring all of that heir’s interest in the property, that person is no…
Do I need a new survey and legal description before I can file to partition or sell the property? – North Carolina Short Answer Under North Carolina law, a new survey and updated legal description are not required before filing a petition to partition or sell real property. A partition is started as a special…
How do I make sure I’m reimbursed or credited for property taxes and roof repairs I paid? – North Carolina Short Answer Under North Carolina law, a co-owner in a partition case can usually recover contributions for necessary carrying costs like property taxes and essential repairs, and may also receive credit for value-adding improvements. This…
Can I remove my name from a mortgage without selling the property, and what steps are involved? – North Carolina Short Answer Under North Carolina law, a person generally cannot unilaterally remove a name from a mortgage without the lender’s consent. Because a mortgage is a contract, the usual paths are (1) refinance the loan…
How can I force the sale of a house if I’m on the mortgage but not listed on the deed? – North Carolina Short Answer Under North Carolina law, a person generally cannot bring a partition action or force the sale of a house unless that person has an ownership interest in the real estate,…
What happens if the mortgage isn’t paid during a co‑owner dispute, and do I still receive any equity if the property is foreclosed? – North Carolina Short Answer In North Carolina, if co-owners stop paying the mortgage during a dispute, the lender can foreclose on the property, and that foreclosure generally wipes out everyone’s ownership,…
If the will doesn’t name an executor, who can be appointed and does that person control how the house is handled? – North Carolina Short Answer In North Carolina, if a will does not name an executor, the clerk of superior court can appoint a personal representative (often called an administrator with the will annexed)…
What happens with rent from the person living in the home during a partition case, especially if payments are late? – North Carolina Short Answer In a North Carolina partition case, rent paid by a third-party occupant is generally treated as income of the co-owned property and belongs to all co-owners in proportion to their…