What happens if the parties or a key witness cannot attend on the available partition hearing dates? – North Carolina Short Answer In North Carolina partition special proceedings, a hearing can usually move to a different date if the court approves a continuance or schedules the matter on a different session. If the issue is…
After we pick a partition hearing date, what notices or filings do we need to complete to confirm it and notify the other co-owners? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding handled through the Clerk of Superior Court. After selecting a hearing date, the usual next step…
Can I force a sale or buy out the other co-owners if they won’t cooperate? – North Carolina Short Answer In North Carolina, a co-owner who cannot get the other co-owners to cooperate can usually file a partition case in Superior Court to force a court-ordered solution. The court can order a physical division of…
How do I sell a property when multiple relatives are on the deed for the land? – North Carolina Short Answer In North Carolina, a property generally cannot be sold on the open market unless all owners on the deed sign the sale documents (or someone has legal authority to sign for them). If one…
How do I schedule a hearing date for a partition case once the petition has been filed? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding, and hearing dates are typically set through the Clerk of Superior Court (or the clerk’s calendar process) in the county where the property…
What are the next steps in a partition case after I receive a court or attorney letter like this? – North Carolina Short Answer In North Carolina, a partition case is a court-supervised “special proceeding” to divide co-owned real property or, if the legal requirements are met, sell it and divide the proceeds. After a…
Can I request a specific time for the partition hearing, or does the court assign the time? – North Carolina Short Answer In North Carolina partition cases, the court (through the clerk of superior court’s scheduling process) ultimately assigns the hearing date and time. A party can usually ask for a particular date or time…
What happens if one co-owner refuses to allow an appraiser or agent access to the property for a valuation? – North Carolina Short Answer In North Carolina, one co-owner’s refusal to allow access can slow down settlement talks, but it usually does not stop a partition case from moving forward. If the case is already…
What family-relationship information do you need from a client to complete the partition petition? – North Carolina Short Answer In a North Carolina partition case, the petition must name and join all current co-owners, and sometimes other people whose ownership rights flow through family relationships. To draft the petition correctly, the firm typically needs a…
How is the property’s value used to decide a buyout amount or a sale price in a partition settlement? – North Carolina Short Answer In a North Carolina partition settlement, the property’s value is used as the starting point to calculate each co-owner’s share based on that co-owner’s ownership percentage. For a buyout, the usual…
