Can I use the special proceeding case number to request the sale paperwork directly from the court clerk? – North Carolina Short Answer Usually, yes. In North Carolina, a special proceeding case number is the key identifier the Clerk of Superior Court uses to locate the file, and many sale documents in a court-ordered partition…
Will the court appoint a neutral commissioner and require an independent appraisal in a partition of inherited property, and can I request a forensic accounting? – North Carolina Short Answer In North Carolina, the court (often through the Clerk of Superior Court) typically appoints a disinterested commissioner (or commissioners) to handle key steps in a…
Is it legal and practical to sell only my share of the property to an investor, and what risks or downsides should I expect? – North Carolina Short Answer Yes. In North Carolina, a cotenant (such as a tenant in common) can usually sell, mortgage, or otherwise transfer only that cotenant’s undivided ownership share without…
If a co-owner doesn’t respond at all, how does the court handle their interest and does that change the overall cost and timeline? – North Carolina Short Answer In North Carolina partition proceedings, a co-owner who does not respond does not lose their ownership interest. Instead, the case can usually keep moving as long as…
How do I confirm who the real owners are and what each person’s share is in inherited family land? – North Carolina Short Answer In North Carolina, confirming the “real owners” and each person’s share of inherited family land usually requires two tracks: (1) a title/history review in the county land records to see who…
What is the safest way to handle a disputed security deposit when repair costs are only estimates and could change? – North Carolina Short Answer In North Carolina, the safest approach is to send a timely interim itemized accounting within 30 days after the tenancy ends and possession is returned, then follow up with a…
What happens if I’m liable on a home loan but don’t have ownership in the land or house? – North Carolina Short Answer In North Carolina, being liable on the mortgage note does not automatically give ownership in the home or land. Ownership usually follows the deed, so a person on the loan but not…
What should be included in a written settlement agreement for selling a jointly owned home? – North Carolina Short Answer In North Carolina, a written settlement agreement for co-owners who want to sell a jointly owned home should clearly cover (1) how the property will be listed and sold, (2) how sale proceeds will be…
If I never signed over my share of the property, can the other owner still claim they bought the whole property? – North Carolina Short Answer Usually not. In North Carolina, one co-owner generally cannot take another co-owner’s share unless that share was transferred by a valid written instrument (like a deed) or the share…
Can child-support arrears or other liens be taken out of the co-owner’s share when the jointly owned home is sold? – North Carolina Short Answer Yes, in North Carolina, valid liens against one co-owner (such as a docketed child-support lien or a money judgment lien) can reduce or be paid from that co-owner’s share of…
