Can we use mediation or a written agreement to set terms for timing of the sale, choosing a realtor, and handling repairs and listing decisions? – North Carolina Short Answer Yes. In North Carolina, co-owners can use mediation and a written settlement agreement to set practical terms for a sale, including the timeline, who will…
How can I force the sale of inherited land when some co-owners refuse to sell? – North Carolina Short Answer In North Carolina, a co-owner of inherited land can file a partition action to end co-ownership even if other co-owners refuse to sell. The court can either (1) physically divide the land (partition in kind)…
Can I use statements in the divorce paperwork about separation and living arrangements to help get dismissed from the partition case? – North Carolina Short Answer Sometimes, but only if the divorce paperwork helps prove a key point the partition court actually cares about: whether there is a real ownership interest in the property that…
How do I figure out who owns what share of the property when a parent died, the surviving parent remarried, and the new spouse was added to the deed? – North Carolina Short Answer In North Carolina, ownership shares usually come from (1) the deed language (tenants in common vs. joint tenancy with survivorship vs.…
What happens if a co-owner refuses to accept the summons or won’t sign for it? – North Carolina Short Answer In North Carolina, a co-owner generally cannot stop a partition case just by refusing to accept the summons or refusing to sign for certified mail. If service by mail does not work, the filing party…
How do I figure out who legally owns the land when multiple relatives are listed on the deed? – North Carolina Short Answer In North Carolina, legal ownership usually starts with the most recent recorded deed and how it describes the co-owners (for example, “tenants in common” versus “with right of survivorship”). If the deed…
How do I start a partition action to force the sale or division of property I co-own with someone else? – North Carolina Short Answer In North Carolina, a co-owner (tenant in common or joint tenant) can start a partition case by filing a petition in Superior Court as a special proceeding and serving the…
How do I respond to a partition lawsuit when I believe I paid for the home and the other co-owner didn’t contribute to the mortgage or bills? – North Carolina Short Answer In North Carolina, a co-owner generally has the right to file a partition case in Superior Court even if the other co-owner paid…
What does mediation involve in a co-owner property dispute, and what should I expect during the process? – North Carolina Short Answer In North Carolina, mediation in a co-owner real estate dispute (often tied to a partition case) is a structured settlement meeting with a neutral mediator where the parties try to reach a voluntary…
Can I request a later hearing time because the parties have to travel a long distance to the courthouse? – North Carolina Short Answer Yes. In North Carolina, a party can usually ask the Clerk of Superior Court (in a partition special proceeding) or the Trial Court Coordinator/judge (if it is on a civil calendar)…
