What happens if unpaid back taxes lead to foreclosure before a partition or sale is ordered? – North Carolina Short Answer In North Carolina, county property tax liens come first. If a tax foreclosure is completed before the Clerk of Superior Court orders and confirms a partition or partition-by-sale, the foreclosure sale transfers title and…
What is the deadline to bring a breach of contract claim in a partition action? – North Carolina Short Answer In North Carolina, most breach of contract claims must be filed within three years from the date of the breach. A partition case is a special proceeding before the clerk, who can handle accountings and…
How can I recover the shortfall in proceeds when some co-owners received more than their share under the land sale contract? – North Carolina Short Answer In North Carolina, a co-owner may ask the Clerk of Superior Court for an accounting and redistribution in a partition proceeding or file a civil claim to recover overpayments…
What documentation do I need to support a claim for misallocated distributions in a partition case? – North Carolina Short Answer Bring proof of the governing shares, the sale and net proceeds, the actual payments made, and the shortfall. In North Carolina partition cases, that typically means the partition orders, the commissioner’s report and confirmation,…
What steps do I need to file for an extension on my partition response if I’m waiting on estate funds and survey results? – North Carolina Short Answer In a North Carolina partition special proceeding, you typically have 10 days from service to file your written response. If you need more time, file a Motion…
Do I need a land survey before moving forward with a partition action? – North Carolina Short Answer Usually no. In North Carolina, you can file a partition action without first paying for a land survey. The Clerk of Superior Court can order a survey later if the legal description is unclear or to carry…
Can I add the spouse of a deceased sibling to my existing partition lawsuit? – North Carolina Short Answer Under North Carolina law, you must include everyone who currently owns a legal interest in the property in a partition case. A deceased sibling’s spouse is added only if that spouse actually inherited part of the…
What happens if my siblings open probate in another jurisdiction before I do? – North Carolina Short Answer If probate opens first in another state, it does not automatically control North Carolina real estate. To affect land here, the out‑of‑state personal representative must file the proper documents in North Carolina (often called ancillary administration) or…
How do I notify the mortgage company and other creditors when filing a partition action? – North Carolina Short Answer In North Carolina, you notify the mortgage lender and other creditors by naming them as respondents in your partition special proceeding and serving them under the civil rules. If a co-owner died, open an estate…
Can I be disqualified from serving as personal representative of our parent’s estate if I have a felony? – North Carolina Short Answer Yes—under North Carolina law, a person convicted of a felony is disqualified from serving as personal representative if their citizenship rights have not been restored. If your rights have been restored, a…