How can we sell a jointly owned inherited house without going to court if the other co-owner will agree to a settlement? – North Carolina Short Answer In North Carolina, co-owners can usually sell an inherited house without court if everyone who holds title signs (1) a written settlement agreement that covers the sale terms…
Can the commissioner turn the sale proceeds over to the court instead of holding the funds, and what are the pros and cons? – North Carolina Short Answer Yes—depending on the court’s order and the circumstances, a commissioner in a North Carolina partition sale can ask the Clerk of Superior Court to have sale proceeds…
What happens in court during a partition case for a vehicle, and how does the judge decide what to do? – North Carolina Short Answer In North Carolina, a co-owner of personal property (including a vehicle) can file a partition special proceeding in Superior Court to force a division or, more commonly for a single…
How do I know whether I need a partition action versus a deed correction or quiet title case to fix title problems on a property? – North Carolina Short Answer In North Carolina, a partition action is usually the right tool when the main problem is that two or more people own the property together…
If an heir died after the owner died, do that heir’s children inherit that share, and how does the share get divided? – North Carolina Short Answer Usually, yes. In North Carolina intestate cases (no will), an heir’s right to inherit is determined at the original owner’s death, and that heir’s share becomes part of…
If one co-owner is also owed money under a separate loan agreement, does that loan get paid back in full before the sale proceeds are split among the owners? – North Carolina Short Answer Not automatically. In a North Carolina partition sale, the sale proceeds are typically used to pay sale costs and any valid…
Can I be reimbursed from the estate for cremation and celebration-of-life expenses, and how do unpaid debts and an annuity factor into the estate? – North Carolina Short Answer In North Carolina, reasonable cremation and funeral expenses are generally treated as estate obligations, and the person who paid them can usually seek reimbursement by filing…
Can we avoid going to court by doing a private sale or settlement agreement with the other co-owner? – North Carolina Short Answer Yes. In North Carolina, co-owners can often avoid a partition lawsuit if they can reach a written agreement to sell the property (or for one co-owner to buy out the other) and…
What happens if the co-owners disagree on the listing price, repairs, or choice of realtor during a partition case? – North Carolina Short Answer In a North Carolina partition case, co-owners do not have to agree on a listing price, repairs, or a realtor for the case to move forward. If the court orders a…
If the property sells and the loan still isn’t fully repaid, can we sue the borrowers separately for breach of the loan agreement and place a lien on other property? – North Carolina Short Answer In North Carolina, if a written loan agreement (or promissory note) creates personal liability and the sale of the house…
