If the insurance money is used to pay down the mortgage instead of making repairs, does that create any legal or insurance problems? – North Carolina Short Answer It can. In North Carolina, using property insurance proceeds to pay down a mortgage instead of repairing damage can create problems if the mortgage (or the insurance…
How do I sign over my share of a jointly owned property to the other co-owner so I’m completely done with it? – North Carolina Short Answer In North Carolina, a co-owner can usually transfer an ownership share to another co-owner by signing and recording a deed that conveys that share. But a deed alone…
Can I use the special proceeding case number to request the sale paperwork directly from the court clerk? – North Carolina Short Answer Usually, yes. In North Carolina, a special proceeding case number is the key identifier the Clerk of Superior Court uses to locate the file, and many sale documents in a court-ordered partition…
Will the court appoint a neutral commissioner and require an independent appraisal in a partition of inherited property, and can I request a forensic accounting? – North Carolina Short Answer In North Carolina, the court (often through the Clerk of Superior Court) typically appoints a disinterested commissioner (or commissioners) to handle key steps in a…
Is it legal and practical to sell only my share of the property to an investor, and what risks or downsides should I expect? – North Carolina Short Answer Yes. In North Carolina, a cotenant (such as a tenant in common) can usually sell, mortgage, or otherwise transfer only that cotenant’s undivided ownership share without…
If a co-owner doesn’t respond at all, how does the court handle their interest and does that change the overall cost and timeline? – North Carolina Short Answer In North Carolina partition proceedings, a co-owner who does not respond does not lose their ownership interest. Instead, the case can usually keep moving as long as…
How do I confirm who the real owners are and what each person’s share is in inherited family land? – North Carolina Short Answer In North Carolina, confirming the “real owners” and each person’s share of inherited family land usually requires two tracks: (1) a title/history review in the county land records to see who…
What is the safest way to handle a disputed security deposit when repair costs are only estimates and could change? – North Carolina Short Answer In North Carolina, the safest approach is to send a timely interim itemized accounting within 30 days after the tenancy ends and possession is returned, then follow up with a…
What happens if I’m liable on a home loan but don’t have ownership in the land or house? – North Carolina Short Answer In North Carolina, being liable on the mortgage note does not automatically give ownership in the home or land. Ownership usually follows the deed, so a person on the loan but not…
What should be included in a written settlement agreement for selling a jointly owned home? – North Carolina Short Answer In North Carolina, a written settlement agreement for co-owners who want to sell a jointly owned home should clearly cover (1) how the property will be listed and sold, (2) how sale proceeds will be…