How do I know when the deadline to object to the proposed sale starts, and what happens if I miss it? – North Carolina Short Answer In a North Carolina partition case, the objection clock usually starts when the court document that triggers objections is formally served or filed in the case (often the report…
What happens if my co-owner is behind on the mortgage and property taxes but my name is still on the loan and deed? – North Carolina Short Answer In North Carolina, if a co-owner falls behind on the mortgage or property taxes and a name remains on the loan and deed, the lender and the…
What should be included in our response to show there’s no need to sell the property? – North Carolina Short Answer In a North Carolina partition case, a court should order a sale only if the party asking for a sale proves (by the greater weight of the evidence) that dividing the property “in kind”…
What happens if the other co-owner claims there’s property damage like a burst pipe, but I don’t think it’s true or they haven’t shown proof? – North Carolina Short Answer In North Carolina, a co-owner’s claim of property damage does not automatically reduce another co-owner’s share or create a right to reimbursement. If the claim…
How can I tell if a proposed settlement offer in a co-owned property dispute is fair? – North Carolina Short Answer In a North Carolina co-owned property (partition) dispute, a settlement offer is usually “fair” when it tracks what a court-ordered partition would likely produce: a defensible property value, the correct ownership percentages, and a…
If the vehicle is sold, can I get reimbursed for the payments and other carrying costs before the proceeds are split? – North Carolina Short Answer Sometimes, but it depends on the legal path used to force or supervise the sale and on what the payments were for. In North Carolina, a co-owner can ask…
Why does the court paperwork list only one petitioner when multiple co-owners are involved in the dispute? – North Carolina Short Answer In a North Carolina partition case, only one co-owner needs to start the case, so the court paperwork often lists a single “petitioner” even when several co-owners support the filing. North Carolina law…
How can we sell a jointly owned inherited house without going to court if the other co-owner will agree to a settlement? – North Carolina Short Answer In North Carolina, co-owners can usually sell an inherited house without court if everyone who holds title signs (1) a written settlement agreement that covers the sale terms…
Can the commissioner turn the sale proceeds over to the court instead of holding the funds, and what are the pros and cons? – North Carolina Short Answer Yes—depending on the court’s order and the circumstances, a commissioner in a North Carolina partition sale can ask the Clerk of Superior Court to have sale proceeds…
What happens in court during a partition case for a vehicle, and how does the judge decide what to do? – North Carolina Short Answer In North Carolina, a co-owner of personal property (including a vehicle) can file a partition special proceeding in Superior Court to force a division or, more commonly for a single…
