What can I do to clear title on a house when the original estate paperwork is incomplete or missing pages? – North Carolina Short Answer In North Carolina, incomplete or missing estate paperwork often leaves a “cloud” on title that prevents a sale or refinance. Common solutions include (1) reopening or completing the estate file…
What happens in a partition action if the ownership percentages on the deed don’t match who actually paid for the property? – North Carolina Short Answer In North Carolina, a partition case usually starts with the ownership interests shown in the recorded deed. But the court can still adjust the final dollars each co-owner receives…
Can a court force the sale of a co-owned property to prevent a tax foreclosure? – North Carolina Short Answer Yes—under North Carolina law, a co-owner can file a partition proceeding and ask the court to order a sale of the property (instead of physically dividing it) when an actual division would cause “substantial injury.”…
If repairs are needed to sell the property, can contractors be paid from the sale proceeds and do all co-owners have to agree? – North Carolina Short Answer Often, yes—repairs that are truly necessary to get a North Carolina partition property sold can sometimes be paid as a sale expense from the closing proceeds, but…
What is the best way to clear the title when a deceased owner is still listed on the deed to inherited land? – North Carolina Short Answer In North Carolina, the “best” way to clear title usually depends on why the deceased owner is still on the deed: whether the land was owned by the…
If the other co-owner collected rent or let people live there rent-free, can that affect how the partition proceeds are distributed? – North Carolina Short Answer Yes. In North Carolina, co-owners generally share proportionally in rents and profits actually received from third parties, and a co-owner who received more than their share can be required…
Can we ask the court to require a public sale instead of a private sale if a sale becomes unavoidable? – North Carolina Short Answer Yes. In a North Carolina partition case, if the court orders a sale, a party can ask the Clerk of Superior Court (or the judge, depending on the posture of…
When do I need to file a partition action to force a division or sale of inherited land? – North Carolina Short Answer In North Carolina, a partition case is usually filed once the people who currently own the inherited land are co-owners (typically heirs or devisees) and they cannot agree on what to do…
Can a co-owner transfer inherited property to themselves with a deed if another co-owner or the estate trustee did not agree? – North Carolina Short Answer Usually not. In North Carolina, a co-owner can generally deed only the share they actually own, and they cannot use a deed to take another co-owner’s share without that…
If one co-owner has used the property more than the others, can that affect the final split of proceeds or the buyout terms? – North Carolina Short Answer Yes. In North Carolina, unequal use can matter if it ties to money issues the court can adjust for—such as one co-owner collecting rents/profits, paying (or not…
