How can I clear a cloud on the title after a fraudulent claim by a real estate agent? – North Carolina Short Answer In North Carolina, you clear a cloud on title by filing a civil action in Superior Court to quiet title and/or for declaratory judgment, and asking the court to order the Register…
How do I legally evict occupants with no lease from co-owned property during a partition settlement? – North Carolina Short Answer In North Carolina, you cannot use self-help to remove people from a co-owned property. You need a court order. During a partition settlement, you can either (1) include a consent order that sets a…
What paperwork and notice requirements apply to serving tenants and filing eviction in this scenario? – North Carolina Short Answer In North Carolina, you must first end any month-to-month or week-to-week arrangement with a written notice (generally at least 7 days for month-to-month and 2 days for week-to-week). If the occupants do not leave, file…
Can I take old vehicles left on the property without clear titles as part of my personal property? – North Carolina Short Answer Generally, no. In North Carolina, motor vehicles are titled property, and possession alone does not give you ownership. You need a properly assigned title from the titled owner (or that owner’s estate),…
How can I schedule a walkthrough to collect my belongings from co-owned property before settlement closes? – North Carolina Short Answer In North Carolina, a co-owner has a right to reasonable access to co-owned property, but you should not enter or remove items if others object or occupants are in place. The safest path is…
What can I do if a co-owner is living on the property rent-free and not helping with upkeep? – North Carolina Short Answer In North Carolina, any co-owner can file a partition case with the Clerk of Superior Court to divide or sell the property. The court can order a sale if a fair in‑kind…
How do I document and claim my contributions to taxes and repairs in a partition action? – North Carolina Short Answer In North Carolina partition cases, a co-owner can ask the Clerk of Superior Court to credit them for necessary common expenses—like property taxes, insurance, and essential repairs—proved with clear records. You raise these credits…
Do I need to list myself differently if I’m filing the partition petition as power of attorney? – North Carolina Short Answer Yes. In a North Carolina partition case, you list the co-owner (your principal) as the party and show your role. Style it like: “Principal’s Name, by and through Agent’s Name, attorney-in-fact.” Attach or…
How long does it take for the court to sign an order and release partition sale funds? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can sign a distribution order and release partition sale funds after the sale is confirmed and all credits, fees, liens, and taxes are resolved. Once…
How do I protect my interests if the estate administration is being used as leverage against my buyout? – North Carolina Short Answer In North Carolina, separate your estate rights from your co-ownership rights. Use the Clerk of Superior Court to compel a timely inventory and accounting, secure rent and tax records, and, if needed,…