How do I stop a co-owner from selling a house if I’m on the deed and I haven’t agreed to the sale? – North Carolina Short Answer In North Carolina, a co-owner generally cannot sell the entire house without the other co-owner(s) signing the deed, but a co-owner can sell (or try to sell) only…
Can we move forward with partition even if we never probate the estate? – North Carolina Short Answer Sometimes, yes. In North Carolina, a partition case can be filed by someone claiming to be a co-owner (a tenant in common or joint tenant), and inherited real estate often vests in heirs at death, subject to…
Do I need to resolve a partition or mediation first before I can do a cash-out refinance on the property? – North Carolina Short Answer Usually, yes—shared ownership often has to be resolved before a cash-out refinance can close in North Carolina. A lender typically requires that everyone who holds title either signs the new…
After the house sale closes, how does the court decide when and how the sale proceeds get released to each co-owner? – North Carolina Short Answer In a North Carolina partition sale, the sale money is typically held until the court (usually the Clerk of Superior Court) confirms the sale and approves a final accounting.…
Can I still sell the house if I believe my parent paid to build it but the land title is in multiple relatives’ names? – North Carolina Short Answer Usually not right away. In North Carolina, a house is generally treated as part of the real estate, so the ability to sell depends on who…
Can we request more time in the foreclosure process to complete a private sale, and what should we show to prove we’re actively trying to sell? – North Carolina Short Answer Sometimes, yes—but it depends on where the foreclosure is in the North Carolina process and who has authority to delay it. Before the auction,…
What happens if one co-owner has been paying the mortgage, taxes, or repairs during a partition case? – North Carolina Short Answer In North Carolina, a co-owner (cotenant) who has been paying the property’s “carrying costs” during a partition case can ask the court for a credit or reimbursement (called contribution) from the other co-owners.…
Can someone using a power of attorney change a deed or add themselves to the title without the other owners signing? – North Carolina Short Answer In North Carolina, a person acting under a power of attorney (POA) generally cannot change a deed or add themselves to the title unless the POA clearly authorizes that…
What happens in a partition case if one co-owner moved tenants into the property without my permission? – North Carolina Short Answer In North Carolina, one co-owner generally can allow other people to live in co-owned property, but that co-owner cannot keep all the rent (or other income) for themselves. In a partition case, the…
Can the court order mediation in a partition case, and what does court-ordered mediation usually cost? – North Carolina Short Answer Yes. In North Carolina, when a partition sale is requested, the court can order the co-owners to attend mediation before deciding whether to order a sale. The mediator’s fee is typically paid by the…
