What documents should I gather from the estate administration, will, or trust to help defend against a partition action? – North Carolina Short Answer In North Carolina, the most helpful documents to defend (or narrow) a partition case are the records that prove (1) who owns the property, (2) what percentage each person owns, and…
What happens to the non-signing co-owner’s share if the property is sold through a partition case? – North Carolina Short Answer In North Carolina, a partition sale does not erase a co-owner’s ownership interest just because that person refused to sign. Instead, the court sale converts each co-owner’s interest in the land into a ratable…
How do I prove we have a legal right to use an access path that our family has used for decades to reach the property? – North Carolina Short Answer In North Carolina, long-term use of an access path can support a legal right to keep using it, but the proof depends on why the…
How do I find and legally notify a co-owner when I don’t have reliable contact information? – North Carolina Short Answer In North Carolina, a partition case generally must include and serve all co-owners, even if one co-owner cannot be located. If a co-owner’s name or location cannot be found after due diligence, the court…
Do I need receipts and statements to prove carrying costs and repairs, or can we settle using reasonable totals and estimates? – North Carolina Short Answer In North Carolina partition cases, a co-owner who wants credit for mortgage payments, taxes, insurance, and repairs should expect to prove the amounts with documents whenever possible. Parties can…
How can I clear up a title issue that shows an unexpected co-owner before closing on a sale? – North Carolina Short Answer In North Carolina, an “unexpected co-owner” on the deed usually creates a cloud on title that must be resolved before a buyer’s lender (and most closing attorneys) will allow closing. The fastest…
How do we ask the court to continue the hearing date if both sides are still negotiating the buyout? – North Carolina Short Answer In North Carolina, the usual way to move a partition hearing date while both sides negotiate a buyout is to file a written motion (or written request) asking the Clerk of…
What happens at the partition hearing if we’re close to a settlement but the paperwork or financing isn’t finalized yet? – North Carolina Short Answer In a North Carolina partition case, the hearing can still go forward even if the co-owners are close to a buyout settlement. If the settlement is not signed and ready…
How do I find out who the unknown person on the property title is and why they have an ownership share? – North Carolina Short Answer In North Carolina, the fastest way to identify an “unknown” owner on title is to pull the most recent deed and then work backward through the recorded deeds (the…
Can the hearing be canceled or continued until after the closing is finished? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina partition and other court-ordered real estate sale cases, the court (often the Clerk of Superior Court) may still schedule a hearing after an order confirming the sale because the case…
