How do we choose a realtor when co-owners disagree about who to use? – North Carolina Short Answer In North Carolina, co-owners can choose a realtor by written agreement, but if they cannot agree, the practical leverage point is that any cotenant can file a partition case in Superior Court and ask the court to…
Do we have to name and list every person with an ownership interest, even if our family usually has one person act as a representative? – North Carolina Short Answer In North Carolina, a partition case generally must name, join, and serve all known co-owners (tenants in common or joint tenants), even if the family…
Do I need to be formally pre-approved or have the loan approved before the settlement agreement will be finalized? – North Carolina Short Answer Not always. In North Carolina, parties can sign a settlement agreement in a partition dispute before a refinance loan is formally approved, but the agreement should clearly make the buyout obligations…
What documents will we need to provide to start the case, like deeds, surveys, and a title search or chain-of-title history? – North Carolina Short Answer To start a North Carolina partition case, the court typically needs enough paperwork to (1) identify the land, (2) show who owns it (and in what shares, if known),…
Can the court enforce a mediation settlement if I never signed anything and I don’t agree to it now? – North Carolina Short Answer Sometimes, but not always. In North Carolina, a court generally enforces a mediation settlement only if the parties actually reached a complete agreement and the agreement can be proven with reliable…
If everyone agrees to sell, what documents do all co-owners need to sign and does it have to be notarized? – North Carolina Short Answer In North Carolina, if all co-owners agree to sell a jointly owned home, the key document is a deed transferring title to the buyer, and each record owner must sign…
How can we avoid a partition lawsuit and instead agree to sell a co-owned property? – North Carolina Short Answer In North Carolina, co-owners can often avoid a partition lawsuit by signing a written agreement to list and sell the property, including clear terms for price, realtor selection, showing access, and how sale proceeds will…
If the house and land are tied together as one property, can I still force a sale, or do I need to separate titles first? – North Carolina Short Answer In North Carolina, a co-owner can usually file a partition case to force a division or sale of the property as it is titled, even…
How do I get bought out of a house I co-own with a parent if they say they can only pay a small amount? – North Carolina Short Answer In North Carolina, a co-owner generally cannot be forced to accept a low buyout just because the other co-owner cannot refinance or pay more. If the…
If the other co-owner claims certain household items or appliances, is that handled separately from the home buyout amount, and should we require a written list before closing? – North Carolina Short Answer Usually, yes. In North Carolina, a home buyout resolves ownership and value of the real estate, while household items and appliances are…
