What happens if a settlement agreement to divide the land was signed but the other side backed out before anything was done? – North Carolina Short Answer In North Carolina, a signed settlement agreement to divide co-owned land may still be enforceable even if the other side later refuses to follow through. But a signed…
What documents and timeline details should I bring to a consultation about a partition case? – North Carolina Short Answer For a North Carolina partition consultation, the most helpful preparation is (1) proof of ownership and each co-owner’s percentage interest, (2) the full court file showing what has happened so far, and (3) a clean…
What happens if the co-owner who lives in the home refuses to cooperate with listing or showings during a partition sale? – North Carolina Short Answer In North Carolina, a co-owner’s refusal to cooperate with listing or showings usually does not stop a court-ordered partition sale. Once the court orders a partition sale and appoints…
What happens during the upset-bid process, and can I still bid to buy the property myself even if we didn’t move forward earlier? – North Carolina Short Answer In North Carolina, an upset bid is a higher bid filed with the Clerk of Superior Court after a court-supervised sale is reported. Each upset bid must…
What is a partition action, and when does it make sense in a family trust or inheritance dispute? – North Carolina Short Answer In North Carolina, a partition action is a court process used to end shared ownership of property when co-owners cannot agree on what to do with it. Depending on the facts, the…
If co-owners agree to a partition sale, how is the auction or sale process handled and how are proceeds divided? – North Carolina Short Answer In North Carolina, even when co-owners agree that a partition sale is the best solution, the sale is typically carried out through a court-supervised process in the Clerk of Superior…
If a trust attorney represents the trust, do I still need my own lawyer to protect my share when a co-beneficiary becomes hostile? – North Carolina Short Answer Often, yes. In North Carolina, the lawyer involved in trust or estate administration commonly represents the fiduciary (the trustee or executor) or the trust/estate administration—not each beneficiary…
What happens in a partition case if the other co-owners contest the sale or try to delay everything? – North Carolina Short Answer In North Carolina, a co-owner can still move a partition case forward even if other co-owners object or try to slow the process down. Co-owners can raise defenses and ask the court…
Can the foreclosure be paused or continued long enough to complete a private sale of the home? – North Carolina Short Answer Sometimes. In North Carolina, a foreclosure under a deed of trust usually moves on a set schedule, but it can be delayed in a few common ways: (1) working directly with the lender/servicer…
What room or courtroom information should I include on a notice of hearing for a partition case? – North Carolina Short Answer In a North Carolina partition case, a notice of hearing should identify the time and place of the hearing as the court sets it. In practice, that usually means listing the county courthouse…
