What can I do if the other side’s settlement offer feels like it was not made in good faith in a partition case? – North Carolina Short Answer In a North Carolina partition case, a “bad” settlement offer usually is not something a judge or clerk can punish by itself, because parties are generally not…
What happens if I stop paying the property taxes on a co-owned property and it eventually goes to a tax sale? – North Carolina Short Answer In North Carolina, unpaid property taxes become a lien on the real estate, and the county can enforce that lien through a tax foreclosure that may end in a…
How can we verify whether the HOA dues and utilities are actually being paid if the occupant won’t share information? – North Carolina Short Answer In North Carolina, the most practical way to verify HOA dues is to request the association’s account ledger and related records directly from the HOA or its management company, because…
Can I stop a co-owner from forcing the sale of the property through a partition action? – North Carolina Short Answer In North Carolina, a co-owner usually cannot be permanently blocked from seeking partition, but a forced sale is not automatic. The court must consider whether the property can be fairly divided (a “partition in…
Can I get reimbursed for improvements I paid for if the property is sold through a partition case? – North Carolina Short Answer Yes—often, but not automatically. In a North Carolina partition case that ends in a sale, a co-owner can ask the court for a contribution/credit for improvements, generally limited to the lesser of…
Can co-owners get credit or reimbursement for repairs and upkeep we paid for before the property is divided or bought out? – North Carolina Short Answer Yes—North Carolina law can allow a co-owner to receive reimbursement (often called “contribution” or a “credit”) for certain expenses paid to preserve or improve co-owned property before a partition…
If there are multiple properties listed in the petition, can the court order some to be sold and others to be divided differently? – North Carolina Short Answer Yes. In a North Carolina partition case, the court can use different methods for different parts of the property described in the petition. That can include dividing…
Do I need every co-owner’s signature to list the property for sale with a real estate agent? – North Carolina Short Answer Usually, yes. In North Carolina, one co-owner typically cannot sign a listing agreement that binds the other co-owners unless the others authorized it or later ratify it. If some heirs refuse to cooperate…
What happens if someone misses the deadline to respond in a partition lawsuit or to the opposing attorney? – North Carolina Short Answer In a North Carolina partition case, missing the court deadline to file an answer can allow the other side to ask the Clerk of Superior Court to move the case forward without…
What can I do if I think part of the property was sold for unpaid property taxes while the partition case is still pending? – North Carolina Short Answer In North Carolina, a tax foreclosure can move forward even if a partition case is pending, and it can change who owns the property (or part…