Can I buy out my ex-spouse’s interest in the house if their name is on the deed but not the mortgage? – NC Short Answer Yes. In North Carolina, a former spouse whose name is still on the deed usually still owns a share of the property, even if that person is not on the…
Does it matter that my ex-spouse did not contribute to the down payment if their name is still on the deed? – NC Short Answer Usually yes and no. In North Carolina, if an ex-spouse’s name is still on the deed after divorce, that person generally still owns an interest in the property even if…
How do I force the sale or division of a house that is still jointly owned with an ex-spouse? – NC Short Answer In North Carolina, a divorced person who still owns a house with an ex-spouse can usually ask the court for a partition proceeding. After an absolute divorce, property once held by the…
What happens if my ex-spouse will not agree to come off the deed? – NC Short Answer In North Carolina, a former spouse does not have to sign off the deed just because the divorce is final or because only one former spouse pays the mortgage. If the divorce did not resolve the property, the…
How can I get my ex-spouse’s name off the deed after a divorce if the property was not addressed in the divorce paperwork? – NC Short Answer In North Carolina, a divorce alone does not automatically remove an ex-spouse from a deed. If the property was not handled in the divorce case, the former spouses…
How do I challenge the transfer of a partition case to a higher trial court when I believe this should stay a straightforward property matter? – NC Short Answer In North Carolina, a partition case starts as a special proceeding before the clerk of superior court, and the basic decision whether the property should be…
Can other people be added to a partition case if they claim they contributed money related to the property? – NC Short Answer Yes, in North Carolina a court can allow other people to be joined in a partition case if they claim a legal interest tied to the property itself, such as a lien,…
Can I force the sale or division of property I still co-own with a former spouse after the divorce? – NC Short Answer Yes. In North Carolina, a person who still owns real property with a former spouse can usually file a partition action in superior court to force either a physical division of the…
Can the court consider gifts, past payments, or other financial support when deciding how to divide or sell co-owned property? – NC Short Answer Yes, in a North Carolina partition case, the court can consider some payments tied to the property itself when deciding how sale proceeds should be adjusted or whether shares should be…
What happens if the other co-owner tries to turn a property partition case into a dispute about money exchanged during the marriage? – NC Short Answer In North Carolina, a partition case is meant to divide or sell co-owned property, not to reopen every financial issue from a prior marriage. If the other side starts…
