Can the court order the occupant to leave the property so it can be sold, and when does that happen? – North Carolina Short Answer In North Carolina, a partition case can lead to a court-ordered sale even if one co-owner is living in the home. The court does not automatically order the occupant to…
Can I challenge the sale if I think the property wasn’t marketed properly or the listing photos made it look worse than it is? – North Carolina Short Answer Sometimes, but the challenge usually has to be framed as a legal problem the court can fix—most often that the sale price is so low that…
What documents should I bring to an attorney meeting about dividing or selling inherited properties? – North Carolina Short Answer For a North Carolina attorney meeting about dividing or selling inherited real estate, the most helpful documents are (1) anything that shows who owns the property and in what shares, (2) anything that shows the…
What do I do if someone who isn’t part of the family has been paying the property taxes on inherited land for years? – North Carolina Short Answer In North Carolina, someone paying the property taxes on inherited land does not automatically become an owner. The bigger risk is whether that person has also been…
If the court appoints someone to sell the house, can I still use my own real estate agent? – North Carolina Short Answer Sometimes, but not automatically. In a North Carolina partition sale, the court-appointed commissioner controls the sale process and must follow the court’s order and the required sale procedures. A co-owner can ask…
Can I ask the court for a default judgment if the other co-owners were served but never filed a response? – North Carolina Short Answer Yes—if the other co-owners were properly served in a North Carolina partition case and did not answer within the required time, it may be possible to ask the Clerk of…
What do we do if someone claims to be the decedent’s child but the family isn’t sure they are an heir? – North Carolina Short Answer In North Carolina, a person is not treated as an “heir” in a partition case just because they claim to be the decedent’s child. The family (and the court)…
If the petition has to be amended because the parent passed away, do the other co-owners get a new deadline to respond before I can seek default? – North Carolina Short Answer Often, yes—an amended partition petition tied to a co-owner’s death can reset response timing, but it depends on what changed and who must…
How is the property divided or valued in a partition case if we can’t agree? – North Carolina Short Answer In a North Carolina partition case, the court (usually the Clerk of Superior Court) first decides each co-owner’s legal share, then decides whether the land can be fairly divided “in kind” or must be sold…
How do I find out who legally owns each parcel and what share I inherited after my parent died? – North Carolina Short Answer In North Carolina, the legal owners of each parcel are determined by the recorded deed history (Register of Deeds records) plus any probate filings (the will, if any, and the estate…
