How can I buy out my co-owner’s share after a partition order? – North Carolina Short Answer In North Carolina, once the court orders partition (by division or by sale), a co-owner can buy out another owner only through a court-approved path. If the property qualifies as heirs property, you may have a statutory right…
Can I challenge another co-owner’s claims for repairs or utilities at the division hearing? – North Carolina Short Answer Yes. In North Carolina partition cases, the Clerk of Superior Court can decide “equities” between co-owners at the post-sale distribution hearing. You may object to another co-owner’s requests for reimbursement and ask the clerk to allow…
How will the sale proceeds be divided after covering estate debts and expenses? – North Carolina Short Answer In a North Carolina partition sale, the clerk first directs payment of sale costs and any valid liens or taxes tied to the property. If a co-owner is an estate, that estate’s share is then applied to…
What happens to real estate once an intestate estate is closed? – North Carolina Short Answer In North Carolina, title to a decedent’s real estate usually vests in the heirs at the moment of death, not when the estate closes. Closing the intestate estate ends the personal representative’s administration but does not transfer the land—heirs…
Can I require a quiet title action to clear a cloud on title before starting a partition sale? – North Carolina Short Answer Under North Carolina law, you do not have to file a separate quiet title lawsuit before starting a partition proceeding. The Clerk of Superior Court can open a partition case and address…
How do I organize a partition sale of inherited land with multiple heirs? – North Carolina Short Answer In North Carolina, when multiple heirs co-own inherited land, you can (1) sell by agreement with all heirs signing the deed, or (2) file a partition proceeding before the Clerk of Superior Court to order a sale…
How do I locate or address unknown heirs in a property partition lawsuit? – North Carolina Short Answer In North Carolina, you must name and serve all co-owners and heirs in a partition case. If some heirs are unknown, you use service by publication and ask the Clerk of Superior Court to appoint a guardian…
How do I determine heirs and update a deed after a parent dies without a will? – North Carolina Short Answer In North Carolina, if a parent dies without a will, their real estate passes at death to their legal heirs under the intestacy statutes. To update records, identify the heirs and record clear documentation…
What risks or liabilities should I be aware of when buying interests without a full title search? – North Carolina Short Answer Buying undivided interests from heirs without a full North Carolina title and estate search is risky. You could take only what the seller actually owns, subject to hidden liens, creditor claims from the…
Do I have to give tenants a certain notice before selling a rental property we co-own? – North Carolina Short Answer In North Carolina, you do not have to give tenants advance notice just to sell a co-owned rental. The lease stays in place and the buyer steps into the landlord’s shoes. If you want…