How can I petition the court for the commissioner’s fees after a partition sale closing?: Clear steps to get fees approved and paid from proceeds

Partition Action Q&A Series

How can I petition the court for the commissioner’s fees after a partition sale closing? – North Carolina Short Answer File a motion in the existing partition special proceeding before the Clerk of Superior Court asking to approve the commissioner’s compensation and reimburse reasonable sale expenses from the sale proceeds. Attach an itemized affidavit (time…

What effect does the deed’s undivided half interest clause have on my ability to recover unequal contributions?

Partition Action Q&A Series

What effect does the deed’s undivided half interest clause have on my ability to recover unequal contributions? – North Carolina Short Answer In North Carolina, a deed that states each co-owner holds an undivided 50% interest sets the ownership shares, but it does not bar you from seeking reimbursement for paying more than your share…

What options exist to stop or modify a pending order appointing a commissioner if it hasn’t been signed?

Partition Action Q&A Series

What options exist to stop or modify a pending order appointing a commissioner if it hasn’t been signed? – North Carolina Short Answer In a North Carolina partition special proceeding, you can ask the Clerk of Superior Court to pause, modify, or condition a not-yet-signed order appointing a commissioner. Common options include filing a written…

How can I defend my quitclaim deed when a nonresident relative challenges it?: Practical steps under North Carolina law

Partition Action Q&A Series

How can I defend my quitclaim deed when a nonresident relative challenges it? – North Carolina Short Answer In North Carolina, a properly delivered and recorded quitclaim deed generally removes the property from the estate, so the challenger must prove a legal defect (like lack of capacity, undue influence, fraud, or no delivery). Title disputes…