Can a court require me to keep making mortgage payments while a partition case is pending, and how does that affect who gets paid back later? – North Carolina Short Answer In North Carolina, a partition case does not automatically force one co-owner to keep paying the mortgage, but the court can enter orders that…
If I refuse mediation and push for a hearing, can that hurt me later in court? – North Carolina Short Answer In North Carolina, declining to settle in mediation usually does not “hurt” a party later just because the party wanted a hearing. However, if the clerk or judge orders mediation and a required participant…
How do I schedule a hearing to get an order for partition by sale when the other owner was served but never responded? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding typically handled through the Clerk of Superior Court in the county where the land is located. If…
If the property is sold through partition, how is the equity divided and can I get credit for mortgage payments, taxes, and other expenses I paid? – North Carolina Short Answer In a North Carolina partition sale, the starting point is that net sale proceeds (the “equity” after paying sale costs and liens) are divided…
If the court’s calendar is full for the dates we want, what are the next available options and how do we lock in a hearing date? – North Carolina Short Answer In North Carolina partition cases, the next available hearing options depend on whether the matter is set before the Clerk of Superior Court (common…
How are carrying costs like taxes, insurance, and maintenance handled when one co-owner has been paying them and wants reimbursement? – North Carolina Short Answer In a North Carolina partition case, a co-owner who paid certain “carrying costs” (like property taxes, homeowner’s insurance, necessary repairs, and some loan payments) can usually ask the court for…
What happens next in a partition case if the respondent misses the deadline to file an answer? – North Carolina Short Answer In a North Carolina partition case, a missed answer deadline usually does not stop the case. The petitioner can ask the Clerk of Superior Court to move the special proceeding forward and set…
Can we schedule a hearing date while still trying to settle or mediate, and can we cancel it if we reach an agreement? – North Carolina Short Answer Yes. In North Carolina, it is common to keep a partition case moving by scheduling the next court event while the parties continue settlement talks or mediation.…
Can someone else speak to the attorney for me about my partition case, and what permission is needed? – North Carolina Short Answer Yes, in many North Carolina partition matters an attorney can speak with a trusted third party (like a spouse, adult child, or caregiver) for scheduling and general updates, but the attorney typically…
What documents do I need to prove who owns the land? – North Carolina Short Answer In North Carolina, ownership of land is usually proven with the most recent recorded deed (and any earlier deeds needed to show a clear “chain of title”), plus probate records if an owner died. If multiple relatives are on…
