What share of the sale proceeds do my sister and I receive when a spouse outlives a co-owner without a will? – North Carolina Short Answer In North Carolina, when a co-owner dies without a will and the deed has no survivorship rights, the decedent’s share passes by intestacy. If there are two children and…
What timeline and total costs should I expect for a partition action? – North Carolina Short Answer In North Carolina, most partition cases start before the Clerk of Superior Court and can take several months. If everyone agrees and the land can be divided in-kind, you might see a resolution in roughly 4–8 months; if…
How can I recover my extra down payment and closing costs in a partition action? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court in a partition case to credit you for unequal purchase costs like a larger down payment and closing fees through an equitable accounting. If…
What steps do I need to take to challenge and remove a fake lien lodged on my deed? – North Carolina Short Answer In North Carolina, you clear a bogus lien or recorded claim by getting a court order that declares it invalid and directs the Register of Deeds to cancel it. The usual path…
How do I prove the other party has no valid ownership interest in my property? – North Carolina Short Answer In North Carolina, you clear a bogus claim by filing a civil action in Superior Court to quiet title and for declaratory relief. You must show your valid title, identify the other party’s recorded claim,…
Can I force a partition action to remove someone who improperly recorded an interest in my property? – North Carolina Short Answer No. In North Carolina, a partition case is only for co-owners (cotenants). If a non-owner recorded a document that clouds your title, the usual remedy is a quiet title or declaratory judgment action…
How can I clear a cloud on the title after a fraudulent claim by a real estate agent? – North Carolina Short Answer In North Carolina, you clear a cloud on title by filing a civil action in Superior Court to quiet title and/or for declaratory judgment, and asking the court to order the Register…
How do I legally evict occupants with no lease from co-owned property during a partition settlement? – North Carolina Short Answer In North Carolina, you cannot use self-help to remove people from a co-owned property. You need a court order. During a partition settlement, you can either (1) include a consent order that sets a…
What paperwork and notice requirements apply to serving tenants and filing eviction in this scenario? – North Carolina Short Answer In North Carolina, you must first end any month-to-month or week-to-week arrangement with a written notice (generally at least 7 days for month-to-month and 2 days for week-to-week). If the occupants do not leave, file…
Can I take old vehicles left on the property without clear titles as part of my personal property? – North Carolina Short Answer Generally, no. In North Carolina, motor vehicles are titled property, and possession alone does not give you ownership. You need a properly assigned title from the titled owner (or that owner’s estate),…