Should we ask the court to dismiss a stalled partition case and refile it to move things along faster? – NC Short Answer Sometimes yes, but not automatically. In North Carolina, a partition case is a special proceeding, and if the file has stalled because service may be defective or necessary parties were not properly…
What should I say at a foreclosure hearing if I’m trying to sell the property but a co-owner is blocking the sale? – NC Short Answer At a North Carolina foreclosure hearing, the clearest message is that the delinquency may be resolved without foreclosure if the clerk gives a short continuance and the owners are…
How is the sale price and the proceeds split in a partition when one co-owner has been making the mortgage payments? – NC Short Answer In North Carolina, a partition sale usually starts with each co-owner receiving a ratable share of the net sale proceeds based on ownership interests, but the final split can change…
If we want to avoid partition, how do we structure a written agreement for a buyout or a joint sale so everyone is bound to the same terms? – NC Short Answer In North Carolina, co-owners can often avoid a partition case by signing a detailed written agreement that fixes the same terms for either…
Can I file a partition case fast enough to stop or delay an upcoming foreclosure sale? – NC Short Answer Usually, no. In North Carolina, a partition case is a separate special proceeding between co-owners, and it does not automatically stop a scheduled foreclosure sale by a lender or trustee. A partition filing may help…
How do I protect my interest in a house I share with other heirs? – NC Short Answer In North Carolina, a co-owner of an inherited house can protect that ownership interest by using a partition proceeding in superior court. The court may divide the property if that can be done fairly, or order a…
What happens if I live in a house that is jointly owned and the other owners want their share? – NC Short Answer In North Carolina, a co-owner of a house usually cannot be forced to stay in joint ownership forever. If the owners cannot agree, one or more co-owners can file a partition proceeding…
Can my lawyer negotiate a buyout of my interest in the property for me? – NC Short Answer Yes. In North Carolina, a lawyer can negotiate a buyout of a co-owner’s interest in jointly owned property and try to resolve the matter without a full partition sale. A buyout is usually a settlement in which…
How do I know whether an offer to buy shared property can move forward when there is a dispute among the owners? – NC Short Answer In North Carolina, an offer to buy shared property usually cannot move forward to a final closing if a partition case or sale process is still pending and the…
How can I find out where a petition involving shared family property currently stands? – NC Short Answer In North Carolina, the current status of a petition involving shared family property usually appears in the partition case file maintained by the Clerk of Superior Court in the county where the case was filed. The key…
