Can a partition case address allegations that a co-owner took money from the deceased person’s bank accounts before death? – North Carolina Short Answer Usually, no. In North Carolina, a partition case is designed to divide co-owned property (often real estate) by physical division or by a court-ordered sale and division of proceeds. Allegations that…
Do mortgage payments have to be paid by the deceased co-owner’s estate, or does the responsibility shift to the heir who inherited the ownership interest? – North Carolina Short Answer In North Carolina, the mortgage loan is a personal debt of the borrower, so the deceased co-owner’s estate is typically the party responsible for that…
If I refuse to sign the sale documents, can the buyer still get clear title to the property? – North Carolina Short Answer Yes—often. In a North Carolina partition action, if the court orders and confirms a partition sale, the buyer can typically receive title through the commissioner’s (or other court-designated officer’s) deed even if…
How will the sale proceeds be used if the property is being sold to pay estate debts, and do co-owners get anything after debts are paid? – North Carolina Short Answer In North Carolina, when a jointly owned property is sold through a court-supervised proceeding to raise money for estate obligations, the sale money is…
What happens if another co-owner transferred their share to someone else without telling the rest of the owners? – North Carolina Short Answer In North Carolina, a co-owner generally can transfer (sell, gift, or mortgage) only their own undivided share without getting permission from the other co-owners. The transfer usually does not take away the…
If someone claims the deceased agreed to sell them the house, can that stop a partition sale? – North Carolina Short Answer Usually, no. In North Carolina, a co-owner’s right to partition is strong, and a third party’s claim that the deceased “agreed to sell” the property often does not block a partition by sale…
Can I get my name removed from the deed without the other co-owner agreeing to a buyout or refinance? – North Carolina Short Answer Usually, no. In North Carolina, a co-owner generally cannot be “removed” from a deed unless that co-owner signs a deed transferring their ownership interest (or a court order transfers the interest).…
Can the court appoint someone to sell the property even if one owner doesn’t agree with the sale? – North Carolina Short Answer Yes. In North Carolina, if a partition case is filed and the court decides the property should be sold (instead of physically divided), the court can appoint a commissioner to handle the…
How is the sale money divided when two people co-own a home but contributed different amounts to the mortgage or upkeep? – North Carolina Short Answer In North Carolina, sale proceeds in a partition case usually start with each co-owner’s ownership share (often 50/50 if the deed is equal). Then the court can adjust what…
How do I cancel or challenge a recorded long-term lease on jointly owned property if I never agreed to it? – North Carolina Short Answer In North Carolina, a co-owner generally cannot bind other co-owners to a long-term lease of the entire property without their consent. When a lease has been recorded anyway, the usual…
