How can I ensure my share of rental income and unpaid distributions are included in the buyout amount? – North Carolina Short Answer In North Carolina, you secure your share by demanding a full accounting before or at mediation and building a line‑item buyout formula that nets rental income owed to you against agreed credits…
What steps should I take if the opposing counsel disagrees with my attorney’s math? – North Carolina Short Answer In a North Carolina partition case, sale proceeds are not released until the Clerk of Superior Court signs a distribution order. If opposing counsel disputes your attorney’s numbers, exchange an itemized proposed distribution with backup (receipts,…
How can I ensure my share of sale proceeds in a partition action is calculated correctly? – North Carolina Short Answer In North Carolina, partition sale proceeds are distributed by court order after paying sale costs, court-approved commissions and fees, any valid liens, and after accounting for credits and charges among co-owners. To protect your…
How can I refinance our co-owned house to pay estate creditors and avoid probate on that property? – North Carolina Short Answer In North Carolina, you may refinance or mortgage co-owned estate real estate to raise cash for creditors without having to sell it, but you must follow specific rules. If the property passed to…
What steps do I need to take to remove a co-owner from a property title when refinancing? – North Carolina Short Answer In North Carolina, you cannot unilaterally remove a co-owner from title. You either (1) get the co-owner to sign a deed conveying their interest to you at refinance closing, or (2) ask the…
How do I sue for my share of equity in a home bought during marriage? – North Carolina Short Answer In North Carolina, you generally file a partition proceeding to force a division or sale of jointly owned real estate. But you can only do that if you are an owner on title. If your…
How can I regain my right to live in a home I helped purchase after being evicted? – North Carolina Short Answer In North Carolina, you can regain lawful occupancy of a marital home either (1) by asking the District Court for temporary exclusive possession as part of a separation/equitable distribution case, or (2) by…
Can I force a sale of the property if my spouse refuses to add my name to the deed? – North Carolina Short Answer In North Carolina, you generally cannot force a partition sale unless you already own a legal interest in the property. If only your spouse’s name is on the deed, you must…
How can I sell my co-ownership interest to my parent in a pending partition action? – North Carolina Short Answer In North Carolina, you can resolve a pending partition case by asking the Clerk of Superior Court to approve a consent order in which your parent buys your interest. If you can’t reach agreement, the…
Will selling my interest affect my parent’s ability to continue living in the home? – North Carolina Short Answer Yes and no. In North Carolina, you may sell your undivided interest in a co-owned home without your parent’s consent, and that sale alone does not automatically remove your parent from the home. But the buyer…