Category Archives: Partition Action Q&A Series

How can I complete a partition sale without attending the closing or signing anything if a commissioner was appointed?: North Carolina

How can I complete a partition sale without attending the closing or signing anything if a commissioner was appointed? – North Carolina Short Answer In North Carolina, once a partition sale is confirmed, the court‑appointed commissioner—not the co‑owners—signs the deed and completes closing under the court’s order. Co‑owners typically do not attend closing or sign…

Can I be held in contempt for speaking with the closing attorney when a court order says not to contact the buyer?: North Carolina

Can I be held in contempt for speaking with the closing attorney when a court order says not to contact the buyer? – North Carolina Short Answer Yes—if a North Carolina court order bars contact with the buyer (and especially the buyer’s agents), reaching out to the buyer’s closing attorney can be treated as indirect…

If I choose not to participate, will my proceeds be deposited with the court and how do I later claim them?

If I choose not to participate, will my proceeds be deposited with the court and how do I later claim them? – North Carolina Short Answer Yes. After a partition sale is confirmed, the commissioner can pay recorded liens from a co-owner’s share and, if a co-owner will not cooperate or cannot be paid safely,…

Can attorney fees, closing costs, and advances paid on someone’s behalf be taken out before splitting the remaining funds?:

Can attorney fees, closing costs, and advances paid on someone’s behalf be taken out before splitting the remaining funds? – North Carolina Short Answer Yes. In a North Carolina court-supervised partition sale, the court first pays approved costs of the proceeding and the sale—such as the commissioner’s fee, reasonable attorney fees taxed as costs, and…

How can I make sure the commissioner credits the delinquent property taxes I paid before the sale when the proceeds are split multiple ways?

How can I make sure the commissioner credits the delinquent property taxes I paid before the sale when the proceeds are split multiple ways? – North Carolina Short Answer In North Carolina partition sales, necessary carrying costs that preserved the common property—like delinquent property taxes—are paid back from the sale proceeds before the net is…

How can I add my name to the deed of a home and land that were in my late spouse’s name?: North Carolina

How can I add my name to the deed of a home and land that were in my late spouse’s name? – North Carolina Short Answer In North Carolina, a deceased person’s solely owned real estate passes at death to the will’s devisees or, if there is no will, to the heirs by intestate succession.…

How does the existing mortgage affect a partition or court-ordered sale?: North Carolina

How does the existing mortgage affect a partition or court-ordered sale? – North Carolina Short Answer In North Carolina, a mortgage stays with the property in a partition case unless it is paid off at closing. In a court-ordered sale, the Clerk of Superior Court can order the property sold free and clear, with the…

How can I stop a forced sale in a partition case or buy out the other heirs if I want to keep the house?

How can I stop a forced sale in a partition case or buy out the other heirs if I want to keep the house? – North Carolina Short Answer Under North Carolina’s partition laws, a co-owner can often avoid a forced sale by using the heirs-property buyout process or by asking for a partition in…

What happens if relatives emptied a deceased parent’s bank accounts or took cash from the home before any estate is opened?: North Carolina

What happens if relatives emptied a deceased parent’s bank accounts or took cash from the home before any estate is opened? – North Carolina Short Answer In North Carolina, only a court‑appointed personal representative has legal authority to collect and distribute a decedent’s money. If relatives withdrew funds or removed cash before anyone was appointed,…

Do I need a death certificate to handle vehicle titles and accounts, and what can I do if the funeral home keeps delaying it?: North Carolina

Do I need a death certificate to handle vehicle titles and accounts, and what can I do if the funeral home keeps delaying it? – North Carolina Short Answer Financial institutions and the DMV often ask for a certified death certificate, but North Carolina law does not always require it to start. The Clerk of…