Can I have my filing costs paid from the sale proceeds in a partition action? – North Carolina Short Answer Yes—North Carolina courts commonly treat the filing fee, sheriff/service fees, commissioner, survey, appraisal, advertising, and sale expenses as “costs of the proceeding” that are paid first from the partition sale proceeds before the net is…
How do I handle outstanding estate debts and creditor notices before finalizing a partition settlement? – North Carolina Short Answer In North Carolina, do not finalize a partition buyout or sale until the estate’s personal representative has published the required notice to creditors and the claim period has run, or the personal representative joins the…
How can I respond to my heir’s partition action to keep my home? – North Carolina Short Answer In North Carolina, you can defend a partition case by asking for a partition in kind (a physical division) or an equalizing payment (owelty) so you can keep the home, and by using the Uniform Partition of…
How can I remove my parent’s ex-spouse from the deed when they never released their interest after the divorce? – North Carolina Short Answer In North Carolina, a divorce does not automatically take a name off a deed. If your parent’s ex-spouse stayed on title, they are a co-owner. You cannot unilaterally “remove” them; you…
Can I challenge the foreclosure because none of the heirs were properly served after my parent passed away? – North Carolina Short Answer Yes. In North Carolina, a power-of-sale foreclosure cannot move forward unless required notice of the foreclosure hearing is given to the debtor and all record owners, which includes heirs who took title…
Do I need to open probate in North Carolina to clear the title or can I rely on intestacy rules to transfer the property? – North Carolina Short Answer In North Carolina, when someone dies without a will, legal title to real estate passes immediately to the heirs at death. But to transfer marketable title…
How can I stop occupants who aren’t paying the mortgage or taxes from living rent-free until the sale? – North Carolina Short Answer In North Carolina, you have two practical paths to stop rent‑free occupancy now. If an estate is open, the personal representative can ask the Clerk of Superior Court for an order to…
How can I remove my name from the deed of a property co-owned with my former spouse and get my share of the equity? – North Carolina Short Answer In North Carolina, you cannot remove your name from a deed without either your former spouse signing a deed to transfer your interest or a court-ordered…
What happens if my former spouse cannot finance buying out my equity in the property? – North Carolina Short Answer In North Carolina, if a co-owner cannot or will not complete a buyout, you can file a partition proceeding. The Clerk of Superior Court can order either a physical division (rare for a single home)…
What steps are involved in filing a partition action when the co-owner refuses to pay out my interest? – North Carolina Short Answer In North Carolina, you start a partition as a special proceeding before the Clerk of Superior Court in the county where the property sits. You file a verified petition, serve all co-owners,…