Can another owner stop the sale by buying out my share? – North Carolina Short Answer Under North Carolina partition law, another owner generally cannot unilaterally stop a court-ordered partition sale just by offering to buy a cotenant’s share. The clerk or judge decides whether the property will be split in kind or sold, based…
What happens if we can’t access the interior—will a CMA or an appraisal be enough evidence for court? – North Carolina Short Answer In a North Carolina partition case, a court may consider both a broker’s comparative market analysis (CMA) and a licensed appraiser’s report as evidence of value, even if the interior cannot be…
How do I respond to a partition action petition or summons for co-owned property? – North Carolina Short Answer In North Carolina, a co-owner who receives a partition petition or summons must file a written response in the superior court within the civil answer deadline stated in the summons, or risk the court moving forward…
What documents should I gather before meeting with a lawyer about a partition case? – North Carolina Short Answer For a North Carolina partition case, the most important documents are anything that shows who owns the property, how title is held, and what has been paid or invested in it. That usually means the deed,…
Can the court decide the listing agent and price, or can I choose an agent and sell on the open market? – North Carolina Short Answer In a North Carolina partition action, the court controls how the property is sold and ultimately approves the sale price, but it has flexibility in how the sale happens.…
How do sale costs, agent commissions, and any liens get paid and divided among co‑owners after a court‑ordered sale? – North Carolina Short Answer In a North Carolina partition sale, the court controls how the sale proceeds are collected and paid out. Sale expenses and approved commissions come off the top, then valid liens and…
How are shares divided when a co‑owner died before the case and their children or grandchildren are the ones who would inherit? – North Carolina Short Answer In a North Carolina partition case, a deceased co-owner’s share normally passes to that person’s heirs or devisees, and the partition court uses those inherited shares, not the…
If a deed for one parcel was hard to find, what proof of title will the court accept so we can move forward with a sale or division? – North Carolina Short Answer In a North Carolina partition case, the court does not require a perfect, uninterrupted deed chain before it can order an actual…
Are there risks to relying only on exterior observations and comparable sales, and could that affect how the court divides the sale proceeds? – North Carolina Short Answer Yes. In a North Carolina partition case, an exterior-only value based on comparable sales can be helpful for settlement talks, but it is a limited and easily…
If I settle instead of continuing the partition, how is my share calculated when the home’s interior condition is unknown? – North Carolina Short Answer In a North Carolina partition case resolved by settlement, a cotenant’s share is generally based on (1) that cotenant’s legal ownership percentage and (2) an agreed fair market value for…