Category Archives: Partition Action Q&A Series

After my attorney files an answer in a partition case, what happens next and who is supposed to request the hearing date? – NC Short Answer In North Carolina, a partition case usually moves next to a hearing before the clerk of superior court once the pleadings are in order and all necessary parties have…

What can I do if someone claims ownership through my sibling but I believe I still own half of my parent’s property? – NC

What can I do if someone claims ownership through my sibling but I believe I still own half of my parent’s property? – NC Short Answer In North Carolina, a person who claims to be a cotenant of inherited real property can usually file a partition proceeding in superior court, even if another person says…

What happens if one co-owner refuses to sign the refinance paperwork even though everyone else agrees? – NC

What happens if one co-owner refuses to sign the refinance paperwork even though everyone else agrees? – NC Short Answer In North Carolina, a refinance that places a new loan or deed of trust on jointly owned real estate usually cannot close unless every owner whose interest will be affected signs the required documents. If…

Do all co-owners of a house have to sign for a refinance or home equity loan if the property is used as collateral? – NC

Do all co-owners of a house have to sign for a refinance or home equity loan if the property is used as collateral? – NC Short Answer Usually, yes. In North Carolina, if a refinance or home equity loan will place a new mortgage or deed of trust on the whole house, the lender will…

If the other co-owner agrees to withdraw their court request now, what can I do if they later file again or break the agreement? – NC

If the other co-owner agrees to withdraw their court request now, what can I do if they later file again or break the agreement? – NC Short Answer In North Carolina, a co-owner can often settle a partition dispute, but the safest approach is not a bare promise to “withdraw” a court request. A written…

If a will says a family member gets the home place plus additional acreage but it was never deeded out, can they still claim that land now? – NC

If a will says a family member gets the home place plus additional acreage but it was never deeded out, can they still claim that land now? – NC Short Answer Maybe, but the answer usually depends on whether the will identifies that land clearly enough for a court to determine what was actually devised.…

Can I still move forward if I can’t locate an heir or I don’t have contact information for them? – NC

Can I still move forward if I can’t locate an heir or I don’t have contact information for them? – NC Short Answer Yes. In North Carolina, a partition action can usually still move forward even if one heir or co-owner cannot be located, as long as the missing person is properly addressed in the…

Can I buy out my former partner’s interest in a house if both of our names are on the deed and mortgage? – NC

Can I buy out my former partner’s interest in a house if both of our names are on the deed and mortgage? – NC Short Answer Yes. In North Carolina, one co-owner can often buy out the other co-owner’s interest in a house instead of forcing a sale, but the buyout usually requires two separate…

How can I protect a parent’s belongings in a house when a trust says the items should be divided by agreement? NC

How can I protect a parent’s belongings in a house when a trust says the items should be divided by agreement? – NC Short Answer In North Carolina, personal property inside a house does not have to be left unprotected just because the co-owners are still arguing about the real estate. If a trust says…

How do I enforce a settlement agreement when the other side is not completing the property buyout? – NC

How do I enforce a settlement agreement when the other side is not completing the property buyout? – NC Short Answer In North Carolina, a settlement agreement about a co-owned property can often be enforced by asking the court in the partition case to enter an order requiring compliance or, if the buyout is not…