Can I reschedule or continue the hearing if interpreter services are not available that day? – North Carolina Short Answer Yes. In North Carolina civil court, a party can ask the judge (or, in some settings, the clerk of superior court) to continue or reschedule a hearing if a needed court interpreter is not available.…
Do we need to open probate to handle small outstanding bills, or can we pay them ourselves before listing the home? – North Carolina Short Answer In North Carolina, family members can sometimes pay small, practical expenses themselves, but doing so does not replace probate when the estate needs a legal representative to deal with…
Do improvements a co-owner made without my agreement change how the sale proceeds are divided? – North Carolina Short Answer In North Carolina, a co-owner’s improvements can change how net partition sale proceeds are divided, but not automatically and not dollar-for-dollar. In a partition case, the improving co-owner generally must ask the court for an…
What can I do if the executor isn’t acting or allows someone to live in the home without paying—can the court compel action or replace the executor? – North Carolina Short Answer Yes. In North Carolina, an interested heir can ask the Clerk of Superior Court (the official who oversees most estate administration) to require…
Can I recover the cost of repairs and maintenance I paid for a co-owned property? – North Carolina Short Answer Yes, often. In North Carolina, a co-owner (cotenant) who paid more than their share of certain property expenses—such as necessary repairs, insurance, property taxes, or mortgage payments—can usually seek reimbursement (called “contribution”) in a partition…
What should I expect at the first court hearing in a partition case—will the judge decide the sale first and the money split later? – North Carolina Short Answer In North Carolina partition cases, the first hearing usually focuses on whether the co-owners have a right to partition and what method the court will use…
What steps are involved in a partition action to buy out family members, and how is each person’s share determined? – North Carolina Short Answer In North Carolina, a partition case is a court process that ends shared ownership of real estate when family members (or other co-owners) cannot agree. The case typically starts with…
What proof do I need to enforce our prior deal about the house and rent, and will texts or a written agreement be enough? – North Carolina Short Answer In North Carolina, the proof needed to enforce a prior deal about a house and rent depends on what the deal actually required. If the deal…
Will a mutual release in the settlement agreement end the partition case and override any prior handwritten agreements about interest or repayment? – North Carolina Short Answer In North Carolina, a mutual release in a written settlement agreement can end a partition case if the parties also file a proper dismissal with the court (or…
Is it reasonable to coordinate a personal property exchange at closing, and when is it appropriate to request a deputy to be present? – North Carolina Short Answer Yes. In North Carolina, it is often reasonable to coordinate a narrow, well-defined personal property exchange at or near a closing in a partition-related buyout, because it…