Can I enforce my lender pre-approval and purchase agreement to buy out my co-owner’s share in court? – North Carolina Short Answer In North Carolina, a lender pre-approval does not give you the right to force a buyout. A signed, valid real estate purchase agreement can be enforced through a civil superior court action for…
How can I resolve an easement dispute so it doesn’t derail the partition process? – North Carolina Short Answer In North Carolina, a partition case is filed with the Clerk of Superior Court, but a contested easement (a title or boundary issue) usually must be decided by a Superior Court judge. To keep your partition…
What proof do I need at the partition hearing to show I made all mortgage, tax, and insurance payments? – North Carolina Short Answer Bring competent, traceable documents that show who paid, what was paid, when, and why. In North Carolina partition cases, clerks commonly accept canceled checks, bank/credit card statements, lender payment histories, tax…
How can I challenge a partition action when I already had a signed purchase agreement to assume the mortgage? – North Carolina Short Answer In North Carolina, a co-owner can challenge a partition by raising contract and equity defenses, asking the Clerk of Superior Court to transfer the case to Superior Court, and seeking to…
What share of the sale proceeds do my sister and I receive when a spouse outlives a co-owner without a will? – North Carolina Short Answer In North Carolina, when a co-owner dies without a will and the deed has no survivorship rights, the decedent’s share passes by intestacy. If there are two children and…
What timeline and total costs should I expect for a partition action? – North Carolina Short Answer In North Carolina, most partition cases start before the Clerk of Superior Court and can take several months. If everyone agrees and the land can be divided in-kind, you might see a resolution in roughly 4–8 months; if…
How can I recover my extra down payment and closing costs in a partition action? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court in a partition case to credit you for unequal purchase costs like a larger down payment and closing fees through an equitable accounting. If…
What steps do I need to take to challenge and remove a fake lien lodged on my deed? – North Carolina Short Answer In North Carolina, you clear a bogus lien or recorded claim by getting a court order that declares it invalid and directs the Register of Deeds to cancel it. The usual path…
How do I prove the other party has no valid ownership interest in my property? – North Carolina Short Answer In North Carolina, you clear a bogus claim by filing a civil action in Superior Court to quiet title and for declaratory relief. You must show your valid title, identify the other party’s recorded claim,…
Can I force a partition action to remove someone who improperly recorded an interest in my property? – North Carolina Short Answer No. In North Carolina, a partition case is only for co-owners (cotenants). If a non-owner recorded a document that clouds your title, the usual remedy is a quiet title or declaratory judgment action…