How can I get everyone to sign the proposed partition order so the court can issue my share? – North Carolina Short Answer In North Carolina, you do not need every co-owner’s signature if the Clerk of Superior Court enters a distribution order after proper notice and, if needed, a brief hearing. To speed things…
What should we expect during the appeal period after the court approves our partition sale order? – North Carolina Short Answer In North Carolina partition cases, any party has a short window to appeal a Clerk of Superior Court’s final order—typically 10 days from entry for special proceedings like partition. Unless a judge or the…
What happens if a co-owner refuses to sign the proposed fee allocation order? – North Carolina Short Answer In a North Carolina partition sale, if a co-owner will not sign a consent order on fees, the Clerk of Superior Court treats fees and costs as a contested issue. The clerk will set a hearing, take…
How will net proceeds be divided among co-owners after fees in a partition action? – North Carolina Short Answer In North Carolina, after a partition sale is confirmed, the Clerk of Superior Court directs the commissioner to pay approved sale costs and fees first, then distribute the remaining net proceeds to co-owners by their ownership…
What are my options if we can’t agree on a buyout and need court intervention? – North Carolina Short Answer In North Carolina, any co-owner can file a partition special proceeding with the Clerk of Superior Court in the county where the property sits. The court first looks to divide the property fairly in kind;…
Can I offset a spouse’s unpaid loan when negotiating a property buyout? – North Carolina Short Answer Usually no. In North Carolina, you cannot unilaterally deduct a debt owed by your co-owner’s spouse from the price you pay to buy the co-owner’s share. Adjustments in a buyout or partition are limited to obligations between the…
What does my durable power of attorney allow me to do in the buyout process? – North Carolina Short Answer In North Carolina, a durable power of attorney (POA) can authorize your agent to handle a co-owner buyout: negotiate terms, sign the purchase agreement, and sign/record real estate documents if the POA grants real property…
What steps do I need to take to arrange and split the cost of an appraisal with a co-owner? – North Carolina Short Answer In North Carolina, co-owners can agree in writing to hire a single, independent real estate appraiser and split the fee. If everyone signs a short appraisal and buyout agreement that names…
How can I enforce a buyout agreement if a co-owner doesn’t pay within the agreed period? – North Carolina Short Answer In North Carolina partition cases, the cleanest way to enforce a buyout is to reduce it to a written, signed settlement or consent order that sets a firm price, a funding deadline, and a…
What happens if the co-owner refuses to provide updated payoff documentation for a buyout? – North Carolina Short Answer In North Carolina partition cases, a co-owner’s refusal to share current mortgage payoff or lien information does not stop the case. If a voluntary buyout is stalled, the Court (through the Clerk of Superior Court) can…