How do I include the descendants of a deceased co-owner in a partition petition? – North Carolina Short Answer In North Carolina, you must name and serve every current owner of the property in a partition case, including the descendants who inherited a deceased co-owner’s share. If any descendant is a minor or their identity/address…
What evidence do I need to challenge my relatives’ claim of co-ownership based on an alleged loan? – North Carolina Short Answer In North Carolina, a person becomes a co-owner by deed or by inheriting, not by making a loan. To defeat a relative’s claim of co-ownership based on an alleged renovation loan, gather the…
How do I legally gain access to a co-owned property when relatives refuse entry? – North Carolina Short Answer In North Carolina, every co-owner (tenant in common) has a right to possess the whole property. If relatives block access, you can file a partition special proceeding with the Clerk of Superior Court in the county…
What steps are involved in removing relatives from a co-owned property through partition? – North Carolina Short Answer In North Carolina, a co-owner files a partition special proceeding with the Clerk of Superior Court in the county where the land sits. The clerk decides whether to divide the land in kind or order a judicial…
How do I recover my investment when I’m not on the deed of a property I helped finance? – North Carolina Short Answer In North Carolina, you cannot file a partition unless you are a record co-owner. If you helped fund the purchase but were left off the deed, your path is a civil action…
What evidence do I need to prove I contributed to the down payment on the new home? – North Carolina Short Answer In North Carolina, you prove a down payment contribution by tracing your money into the closing. Bring documents that show where the funds came from, how they moved, and that they were applied…
What legal steps can I take if my ex-partner won’t provide mortgage or title documents? – North Carolina Short Answer In North Carolina, you can get recorded title and deed of trust documents directly from the county Register of Deeds without your ex’s cooperation. If you contributed money but are not on the deed, you…
Can I force a sale or partition of a property titled only in my ex-partner’s name? – North Carolina Short Answer In North Carolina, you can only file a partition if you own an interest in the property. If your ex-partner is the sole titled owner, you cannot force a partition sale unless you first…
How can I claim my share of equity in a home purchased with proceeds from our former property? – North Carolina Short Answer In North Carolina, you generally cannot file a partition if you are not on the deed. Instead, you can file a civil action in superior court to establish a beneficial interest through…
How can I confirm the will was properly probated and the estate closed? – North Carolina Short Answer Check the estate file with the Clerk of Superior Court (Estates Division) in the North Carolina county where the decedent lived. A properly probated will has a Certificate of Probate and, if someone qualified, Letters Testamentary/Administration. A…