Do I need to pay for a survey to try to get the court to order a sale, and what if the survey doesn’t help my case? – North Carolina Short Answer In North Carolina, a survey is not automatically required to ask for a partition sale, but it is often one of the most…
What can I do if family members have an interest in the land but I believe they have no right to the house on it? – North Carolina Short Answer In North Carolina, a house built on land is usually treated as part of the real property, meaning it generally follows the ownership of the…
Can the court order the home to be sold even if one co-owner wants to keep living there? – North Carolina Short Answer Yes. In North Carolina, a co-owner generally cannot be forced to stay in co-ownership if that co-owner objects, and a partition case can end with the court ordering the property sold. Whether…
Do we still need to appear at a hearing when the sale is pending closing but not finalized yet? – North Carolina Short Answer Often, yes. In a North Carolina partition-by-sale case, the court (usually the Clerk of Superior Court) may still schedule a hearing after an order confirming the sale because the case is…
How do I respond to a partition summons and what happens at the first court hearing? – North Carolina Short Answer In a North Carolina partition case, a respondent generally must file a written response (an “answer” or another permitted pleading) within 30 days after service of the summons in a partition proceeding. If no…
Can I be named in a partition case if my name is not on the deed or mortgage? – North Carolina Short Answer Yes, it can happen, but being named does not automatically mean there is legal ownership. In North Carolina, a partition case is primarily about dividing or selling property owned by cotenants (people…
When does the deadline to respond start if different people are served on different days? – North Carolina Short Answer In North Carolina, each served party generally gets their own response deadline, and the clock usually starts on the date that specific person is served. In most partition cases, the response deadline is typically 30…
What can I do if the person who filed the partition case didn’t include all the heirs or co-owners as parties? – North Carolina Short Answer In North Carolina, the petitioner in a partition case generally must join and serve all co-owners (cotenants). If someone was left out, a respondent can raise the issue and…
How do I make sure I’m not still responsible for the mortgage if my co-owner buys me out of the house? – North Carolina Short Answer In North Carolina, a buyout and deed transfer can remove a co-owner from the title, but it usually does not remove that person from the mortgage note. To stop…
Can a partition action still move forward if the ownership interests are disputed or unclear among heirs and a surviving spouse? – North Carolina Short Answer Yes. In North Carolina, a partition case can still move forward even when some co-owners are unknown or when heirs and a surviving spouse dispute who owns what share.…
