If I never signed over my share of the property, can the other owner still claim they bought the whole property? – North Carolina Short Answer Usually not. In North Carolina, one co-owner generally cannot take another co-owner’s share unless that share was transferred by a valid written instrument (like a deed) or the share…
Can child-support arrears or other liens be taken out of the co-owner’s share when the jointly owned home is sold? – North Carolina Short Answer Yes, in North Carolina, valid liens against one co-owner (such as a docketed child-support lien or a money judgment lien) can reduce or be paid from that co-owner’s share of…
Can the court require service at multiple addresses or alternate methods if the co-owner ignores mail and calls? – North Carolina Short Answer Yes. In a North Carolina partition case, the court (often through the Clerk of Superior Court handling the special proceeding) can require service that is reasonably calculated to give notice, which may…
What happens after the upset-bid period ends with no higher bids on a court-ordered sale? – North Carolina Short Answer In North Carolina, once the upset-bid period ends with no higher bids, the sale can move to court confirmation, and the sale still cannot close until the Clerk of Superior Court enters an order confirming…
What happens if co-heirs sold inherited properties without telling me and I never received my equal share from the will? – North Carolina Short Answer In North Carolina, one heir usually cannot sell your inherited ownership interest in real estate unless that heir had legal authority to act for the estate or for the other…
What contact information is required for each co-owner or heir to file the petition (for example, legal name and mailing address)? – North Carolina Short Answer In North Carolina, a partition petition must identify the people who have or claim an interest in the property so the court can issue summons and required notices. As…
How long do I have to appeal the confirmation of a partition sale, and what are the risks, costs, and likely outcomes if I do? – North Carolina Short Answer In North Carolina, an order confirming a partition sale becomes final 15 days after it is entered (or later if a timely petition to revoke…
Can I be reimbursed for money I already spent maintaining a vacant property, and what proof should I provide? – North Carolina Short Answer Yes—North Carolina law can allow a co-owner to be reimbursed in a partition case for certain money already spent to preserve or improve a jointly owned property, especially where the property…
Can the other co-owner stop me from getting my share by claiming I owe them money for the mortgage, utilities, taxes, or HOA payments? – North Carolina Short Answer Usually not. In North Carolina, a co-owner generally cannot block a partition or keep all sale proceeds just by saying the other co-owner “owes” them for…
Can a partition case be limited to selling standing timber without selling or dividing the land itself? – North Carolina Short Answer Yes. North Carolina law allows one or more co-owners of land to file a partition proceeding seeking a court-ordered sale of the standing timber separate from the land, so the land itself is…