What happens with rent from the person living in the home during a partition case, especially if payments are late? – North Carolina Short Answer In a North Carolina partition case, rent paid by a third-party occupant is generally treated as income of the co-owned property and belongs to all co-owners in proportion to their…
Do I have to file the partition case where the property is located if I live in another state? – North Carolina Short Answer Under North Carolina law, a partition case for real estate must be filed in the North Carolina county where the property is located, even if the co-owner bringing the case lives…
How can we sell our deceased parent’s house and split the proceeds equally without going to court? – North Carolina Short Answer In North Carolina, heirs can often sell a deceased parent’s house and split the proceeds equally without filing a partition action if (1) everyone who owns an interest agrees in writing, (2) the…
What happens if a real estate agent is hesitant because the deed still lists the deceased owner? – North Carolina Short Answer Under North Carolina law, title to real property passes at death to the heirs or the persons named in a will, but the deed in the land records does not change automatically. A…
Can a sibling who was left a token amount in the will still force a sale? – North Carolina Short Answer Under North Carolina law, a sibling can force a partition sale only if that sibling actually owns a share of the real estate as a cotenant (for example, as a devisee under a probated…
Can I force a full accounting of rental income, mortgage payments, and cash-out refinance proceeds before any payout is finalized? – North Carolina Short Answer Under North Carolina law, a cotenant can ask the court in a partition proceeding to require a full accounting of rents, profits, and carrying costs before the court approves any…
How can I challenge a proposed distribution after a partition? – North Carolina Short Answer In North Carolina, a cotenant can challenge a proposed distribution in a partition case by filing written exceptions to the commissioners’ report with the clerk of superior court within 10 days after the report is served. If the clerk confirms…
What records confirm a court-approved sale is complete, such as an order confirming sale, deed, or final accounting? – North Carolina Short Answer In a North Carolina partition special proceeding, a court-approved sale of real estate is generally confirmed and completed by three key records: (1) an order confirming the partition sale entered by the…
What happens if one co-owner will not sign a settlement to sell the property or refuses to agree on reimbursements? – North Carolina Short Answer Under North Carolina law, a co-owner cannot permanently block a sale just by refusing to sign a settlement. Any cotenant may ask the clerk of superior court for a partition,…
If probate isn’t finished, who can control or sell the property and how do I protect my child’s and grandchild’s shares? – North Carolina Short Answer Under North Carolina law, real estate can often be treated as belonging directly to the heirs even while probate is still open, so any co-owner (heir) may file a…