Can we evict a parent-in-law who moved in without a lease before selling inherited property? – North Carolina Short Answer In North Carolina, a co-owner can file a partition action to force a sale or buyout when co-owners cannot agree. Removing a third-party occupant installed by one co-owner without a lease usually is not a…
How long might it take to remove an unauthorized occupant and sell the property through partition? – North Carolina Short Answer In North Carolina, an uncontested partition by sale commonly takes about 6–12 months from filing to closing; disputes, transfers to Superior Court, appeals, or multiple upset bids can extend it to 12–18+ months. Removing…
What steps can I take in a partition action to move forward with selling the property? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court in your partition case to order a sale in lieu of partition and appoint a commissioner to handle the sale. The court can…
Can I recover my out-of-pocket cleanup expenses from the sale proceeds? – North Carolina Short Answer Usually yes. In a North Carolina partition by sale, the Clerk of Superior Court may approve the commissioner’s reasonable, necessary out-of-pocket expenses (like cleanup) as costs of the sale. Those approved costs are paid from the sale proceeds before…
What steps are needed to finalize and distribute funds from a partition sale? – North Carolina Short Answer In North Carolina, after a commissioner’s partition sale closes, the commissioner files a report of sale, the upset-bid period runs, and the Clerk of Superior Court enters an order confirming the sale. Only after confirmation should the…
How can I petition the court for the commissioner’s fees after a partition sale closing? – North Carolina Short Answer File a motion in the existing partition special proceeding before the Clerk of Superior Court asking to approve the commissioner’s compensation and reimburse reasonable sale expenses from the sale proceeds. Attach an itemized affidavit (time…
How can I manage probate issues for my deceased sibling’s estate while pursuing partition? – North Carolina Short Answer In North Carolina, you can pursue a partition of co-owned real estate as a special proceeding before the Clerk of Superior Court while also addressing probate issues in the estate file. If a co-owner has died,…
How do I initiate mediation to resolve a partition dispute and avoid a court-ordered sale? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order mediation in a pending partition case under the mediation program for matters before the clerk. File a short motion in the partition…
What effect does the deed’s undivided half interest clause have on my ability to recover unequal contributions? – North Carolina Short Answer In North Carolina, a deed that states each co-owner holds an undivided 50% interest sets the ownership shares, but it does not bar you from seeking reimbursement for paying more than your share…
How can I ensure the co-owner living in the house has enough time to find new housing after a sale? – North Carolina Short Answer In a North Carolina partition case, the Clerk of Superior Court (or a Superior Court judge if transferred) controls the sale and can set terms for possession. You can ask…