How do we pause or dismiss a partition case while we negotiate a settlement and pursue a voluntary sale? – North Carolina Short Answer In North Carolina, a pending partition special proceeding can usually be paused by a consent order or motion to continue or stay, and it can be dismissed by a voluntary dismissal…
Can a buyer close without title insurance, and what protections or contract terms could reduce the risk if they do? – North Carolina Short Answer Under North Carolina law, a buyer may close on real estate without purchasing title insurance, but doing so shifts most of the risk of hidden title defects, liens, and competing…
How will the minor’s share be protected during a court-ordered sale or buyout? – North Carolina Short Answer In a North Carolina partition case, when the court orders a sale of the property or a buyout and one of the owners is a minor, the court must secure that minor’s share of the proceeds. The…
How can I proceed with a partition when the land is split into separate nearby parcels and includes mobile homes? – North Carolina Short Answer In North Carolina, a co-owner may file a partition action in superior court even when the land consists of several nearby tracts and includes mobile or manufactured homes. The court…
If an heir has a cognitive disability, how do we get a valid signature or court approval to transfer their share? – North Carolina Short Answer Under North Carolina law, an heir with a significant cognitive disability generally cannot sign away a real estate interest unless that person actually understands the transaction. If capacity is…
How do we handle heirs we can’t locate or who live out of state when trying to clear title? – North Carolina Short Answer Under North Carolina law, missing or out-of-state heirs do not stop a title from being cleared, but they do change how the process works. In a negotiated, no-court approach, deeds can…
Once an heir signs a deed giving up their interest, do they still have to be part of any court case about the property? – North Carolina Short Answer Under North Carolina law, once an heir signs and properly records a deed transferring all of that heir’s interest in the property, that person is no…
Do I need a new survey and legal description before I can file to partition or sell the property? – North Carolina Short Answer Under North Carolina law, a new survey and updated legal description are not required before filing a petition to partition or sell real property. A partition is started as a special…
How do I make sure I’m reimbursed or credited for property taxes and roof repairs I paid? – North Carolina Short Answer Under North Carolina law, a co-owner in a partition case can usually recover contributions for necessary carrying costs like property taxes and essential repairs, and may also receive credit for value-adding improvements. This…
Can I remove my name from a mortgage without selling the property, and what steps are involved? – North Carolina Short Answer Under North Carolina law, a person generally cannot unilaterally remove a name from a mortgage without the lender’s consent. Because a mortgage is a contract, the usual paths are (1) refinance the loan…