Now that my parent has passed and the lifetime rights are over, can we move forward with a partition to force the sale of the house? – North Carolina Short Answer Yes, in North Carolina, once the life tenant has died and the life estate (lifetime rights) has ended, the remainder owners typically have a…
Can the commissioner or buyer still close if someone is still living in the property, and what are the risks? – North Carolina Short Answer Yes—under North Carolina partition-sale procedure, a sale can still be confirmed and the buyer can often move forward even if a co-owner is still occupying the home. The practical problem…
What happens if we miss the refinance closing deadline because the deed or settlement paperwork isn’t ready in time? – North Carolina Short Answer In North Carolina, missing a refinance closing deadline usually means the lender can cancel or reissue the closing package, extend the deadline, or require updated approvals (like refreshed payoff figures, rate…
How can we sell a co-owned family property when the deed history is messy because of an old quitclaim deed? – North Carolina Short Answer In North Carolina, a messy deed history (including an old quitclaim deed) does not always prevent a sale of a co-owned family property. If the co-owners cannot agree on a…
How do I respond to a partition lawsuit if I agree the land can be sold but the paperwork lists the wrong heirs and misspells names? – North Carolina Short Answer In North Carolina, a respondent in a partition case can agree that a sale may be appropriate while still filing a timely Answer to…
As a co-owner, can I stop the other owner from letting certain people move in or use the property for illegal activity? – North Carolina Short Answer Sometimes, but not in the same way a sole owner could. In North Carolina, each co-owner generally has an equal right to possess and use the whole property,…
Do we have to spend money trying to locate distant relatives who don’t know about the property, and who pays those costs? – North Carolina Short Answer In North Carolina partition cases, the court generally requires reasonable efforts to identify and notify all cotenants (including heirs who are hard to find) before the court can…
How can we buy out the person who filed the partition request instead of having the property sold? – North Carolina Short Answer In North Carolina, co-owners can often avoid a forced sale by reaching a voluntary settlement where the other side sells their ownership interest (a “buyout”) and dismisses the partition case. If no…
If the insurance money is used to pay down the mortgage instead of making repairs, does that create any legal or insurance problems? – North Carolina Short Answer It can. In North Carolina, using property insurance proceeds to pay down a mortgage instead of repairing damage can create problems if the mortgage (or the insurance…
How do I sign over my share of a jointly owned property to the other co-owner so I’m completely done with it? – North Carolina Short Answer In North Carolina, a co-owner can usually transfer an ownership share to another co-owner by signing and recording a deed that conveys that share. But a deed alone…
