Can repair and upgrade costs to get the house ready for sale be split differently than the ownership percentages in a partition case? – North Carolina Short Answer Yes. In a North Carolina partition case, the court can adjust how sale proceeds are divided to account for one co-owner paying certain expenses, including qualifying repairs…
What happens if I haven’t been properly served yet—do I still need to file a response, and when does my deadline start? – North Carolina Short Answer In a North Carolina partition case, the deadline to file an answer generally starts when the respondent is properly served with the partition summons and petition—not when the…
Can my co-owner deduct past mortgage payments, utilities, and upkeep from my share if I moved out and they paid everything? – North Carolina Short Answer In North Carolina, a co-owner can often seek a credit (sometimes called “contribution” or an “accounting adjustment”) for certain property “carrying costs” they paid, such as mortgage payments, property…
Can funeral and other estate-related expenses be reimbursed through the house-sale case, or do those have to be handled separately through an estate process? – North Carolina Short Answer In North Carolina, a partition (house-sale) case is mainly designed to divide or sell jointly owned real estate and to “true up” property-related costs between co-owners.…
How can we find out whether there is a real will for the original owners and whether it is valid or possibly fraudulent? – North Carolina Short Answer In North Carolina, the most reliable way to confirm whether a will exists and whether it has legal effect is to check the decedent’s estate file with…
Can I sell just my share of the property to another co-owner or an outside buyer without everyone agreeing? – North Carolina Short Answer Yes. In North Carolina, a co-owner (cotenant) can generally sell, mortgage, or otherwise transfer only that co-owner’s undivided interest in the property without getting the other co-owners to sign off. The…
If the property gets ordered sold by the court, will it go to an auction or can it still be sold directly to an interested buyer like me? – North Carolina Short Answer In North Carolina, a court-ordered partition sale can be handled either as a public sale (an auction) or as a private sale…
If one of the heirs has a lien or judgment, can the property still be sold, and does that come out of everyone’s share or only that person’s share? – North Carolina Short Answer In North Carolina, inherited or co-owned property can usually still be sold in a partition case even if one heir has…
Can I get my earnest money back if an heir lawsuit stops the closing on a property I’m under contract to buy? – North Carolina Short Answer Often, yes—if the contract makes the seller responsible for delivering marketable title and the heir lawsuit creates a title defect that cannot be cured by the closing date,…
What is the hearing for if the court has already entered an order confirming the property sale? – North Carolina Short Answer In North Carolina, a hearing can still be needed after an order confirming a court-ordered sale because “confirmation” is not always the last step before closing. Depending on the type of sale and…
