Can I re-serve a partition summons if there’s no record of it at the clerk’s office? – North Carolina Short Answer Yes. In a North Carolina partition special proceeding, you can re-serve by asking the Clerk of Superior Court to issue an alias and pluries summons or a new summons and then serving it again.…
What steps can I take if the court clerk hasn’t acknowledged my partition documents? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding filed with the Clerk of Superior Court in the county where the land sits. If the clerk hasn’t acknowledged your filing, confirm issuance of the Special…
How can I confirm the court clerk received my partition summons? – North Carolina Short Answer In a North Carolina partition action, the official proof that the Clerk of Superior Court received and processed your summons and service is the docketed file showing a file-stamped summons and the sheriff’s Return of Service. Call or visit…
How can I obtain a copy of a lost settlement agreement for a partition case? – North Carolina Short Answer In North Carolina, first check the court’s Special Proceedings (SP) file with the Clerk of Superior Court; if the settlement was turned into a consent order or filed, you can get a copy there. If…
What steps do I need to take to respond to a state petition for property partition? – North Carolina Short Answer In North Carolina, a partition case starts as a special proceeding before the Clerk of Superior Court. If you were served with a partition petition, you generally have 10 days to file a written…
How do I protect my right to keep one property while selling the rest in a partition action? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to partition the land “in kind” and to allot the homeplace or a specific tract to you, with cash adjustments (called…
How can I stop a partition sale of our parent’s home if I think the offer is too low? – North Carolina Short Answer In North Carolina, you can slow or stop a low-price partition sale by asking the Clerk of Superior Court to require an appraisal, enforce co-owner buyout rights for “heirs property,” and…
What rights do I have if my co-owner sibling tries to sell the property without my approval? – North Carolina Short Answer In North Carolina, a co-owner cannot sell the entire property without all owners’ consent or a court order in a partition case. Your sibling can sell only their own undivided interest unless a…
What steps do I need to take to renegotiate or withdraw consent to partition sale documents? – North Carolina Short Answer In North Carolina, you can typically withdraw or renegotiate consent to a partition sale if the Clerk of Superior Court has not entered an order approving the sale or the sale has not been…
How do I ensure the property is appraised and sold at fair market value in a court-ordered partition? – North Carolina Short Answer In North Carolina partition cases, the Clerk of Superior Court oversees the sale and the appointed commissioner must act to obtain the best price reasonably available. You can ask the court to…