How can I get my name off a house and mortgage after divorce if my ex-spouse will not respond? – NC Short Answer In North Carolina, a former spouse usually cannot remove a name from a deed or mortgage by unilateral request alone. After divorce, a home that was owned together often becomes a tenancy…
Can I force the sale of a jointly owned home if my ex-spouse refuses to refinance or buy me out? – NC Short Answer Yes. In North Carolina, a co-owner of real property can ask the superior court for a partition, and if the home cannot be fairly divided, the court can order a sale.…
What happens to a jointly owned house after divorce if the property was never addressed in the divorce case? – NC Short Answer In North Carolina, a house that was jointly owned during marriage usually does not stay in marital limbo after divorce. If the divorce did not resolve the home, the former spouses generally…
How can I force the sale or division of inherited property when I own only half? – NC Short Answer In North Carolina, a person who owns a one-half interest as a cotenant can file a partition proceeding in superior court to ask for either a physical division of the land or a sale. The…
Can I recover part of the money I spent maintaining inherited property after my parent died if the property is sold? – NC Short Answer Yes. In North Carolina, a cotenant in a partition case can ask the court to reimburse certain property expenses from the sale proceeds, including carrying costs such as property taxes,…
How do I handle a situation where a neighbor may have taken part of inherited property by fencing it in? – NC Short Answer In North Carolina, a fence does not automatically transfer ownership of inherited land, but it can signal a boundary or title dispute that needs to be addressed before or during a…
What happens if the legal description and boundary lines for inherited property do not match what my parent was supposed to own? – NC Short Answer In North Carolina, a partition case can still move forward even if the inherited property’s legal description is incomplete or the ownership boundaries do not match what the family…
Can I still file a partition case if the property needs a new survey first? – NC Short Answer Yes. In North Carolina, a cotenant can usually still file a partition case even if the property needs a new survey first, so long as the petition identifies the property and the ownership claim well enough…
What can I do if I am worried the other co-owners will damage the house before the sale? – NC Short Answer In North Carolina, a co-owner in a partition case can ask the court for protective orders before the property is sold. That can include an order allowing access for an inspection, setting rules…
Can I ask the court to let me inspect a co-owned house before it is sold? – NC Short Answer Yes. In a North Carolina partition case, the court may enter an order before the case ends that gives a party access to the property for inspection, appraisal, survey, or sale-related purposes. If there is…
