What defenses can I raise in a partition case if I disagree with the requested sale or the way ownership is described? – North Carolina Short Answer In North Carolina, common defenses in a partition case focus on (1) whether the parties and ownership shares are correctly stated and (2) whether the court should order…
What happens if a partition case gets transferred from the clerk to a higher court for litigation? – North Carolina Short Answer In North Carolina, a partition case usually starts as a “special proceeding” before the Clerk of Superior Court. If a party raises certain contested issues—like an issue of fact, an equitable defense, or…
Does a family member living in the home have to move out during a partition case, or can they stay while things are resolved? – North Carolina Short Answer In North Carolina, a co-owner who is living on inherited property usually does not have to move out just because a partition case has been filed.…
If a relative was divorced from the person in the ownership line, do they still need to be included in the partition lawsuit? – North Carolina Short Answer Usually, no. In a North Carolina partition case, the required parties are the current co-owners (tenants in common or joint tenants), not someone who is only an…
Can a court remove a co-owner from the property during a partition case if they’re damaging the home or blocking access? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, a partition case is mainly designed to divide or sell co-owned property, not to evict a co-owner just because they are living…
Do we need to file something with the court to substitute one party for another in an ongoing partition case? – North Carolina Short Answer Usually, yes. In a North Carolina partition case, changing who is a party is not something that should be handled informally; it is typically done by filing a written motion…
If the property is sold at a tax foreclosure, can the heirs claim leftover money after taxes and fees are paid? – North Carolina Short Answer Yes. In North Carolina, if a tax foreclosure (or similar foreclosure sale) produces more money than it takes to pay the taxes, costs, and other required items, the remaining…
How do we negotiate a buyout or settlement when one co-owner is hard to reach or living outside the country? – North Carolina Short Answer In North Carolina, a partition case can still move toward a buyout or settlement even if one co-owner is hard to reach or living outside the country. The practical approach…
Can I recover for personal property damage caused by people the other co-owner allowed into the home? – North Carolina Short Answer Possibly. Under North Carolina law, a co-owner may have a claim against the other co-owner for “waste” if the co-owner’s conduct (including allowing others to misuse the property) causes damage to the co-owned…
If the court orders a sale, who handles the listing and sale process, and can someone outbid the accepted offer before closing? – North Carolina Short Answer In a North Carolina partition sale, the court (usually through the Clerk of Superior Court) appoints a commissioner to run the sale process, not one of the co-owners.…
