What remedies are available if someone fraudulently took title to my parents’ property? – North Carolina Short Answer In North Carolina, you can file a civil action in Superior Court to void a forged deed, quiet title, and impose a constructive trust so the property returns to the rightful owners or heirs. You should also…
How can I protect my share of the land when my half sibling insists on taking the first parcels? – North Carolina Short Answer In North Carolina, one co-owner cannot unilaterally “pick first.” If you cannot agree, you can file a partition action with the Clerk of Superior Court. The court prefers an in-kind split…
Can I ask the court to sell the property instead of physically dividing it, and how does that process work? – North Carolina Short Answer Yes. In North Carolina, a co-owner can ask the Clerk of Superior Court to order a sale instead of dividing the land if a physical division would cause substantial injury…
Is there a way to delay or stop foreclosure until the partition sale is completed? – North Carolina Short Answer Yes—under North Carolina law you can ask a Superior Court judge to temporarily stop a power-of-sale foreclosure while a court-supervised sale (partition or estate sale) is arranged, but you must act before the foreclosure purchaser’s…
How does a partition action work when the property is already in foreclosure? – North Carolina Short Answer In North Carolina, a partition case can proceed even if a foreclosure is pending. The deed of trust still comes first: any partition sale proceeds must pay the mortgage and foreclosure costs before co-owners split what is…
Can I challenge the other heir’s demand that I pay foreclosure or sale expenses? – North Carolina Short Answer Yes. In North Carolina partition cases, foreclosure payoffs and court-approved sale expenses are typically paid from the sale proceeds before anyone’s share is calculated and are usually shared among the co-owners. The Clerk of Superior Court…
What steps are required to enforce the will’s direction to sell the property and split proceeds equally? – North Carolina Short Answer In North Carolina, you enforce a will’s direction to sell by having the personal representative (executor or administrator) handle the sale through the estate. If the will gives a power of sale or…
How will sale proceeds be divided if I present proof of extra maintenance or improvements? – North Carolina Short Answer In a North Carolina partition sale, net proceeds are first split by each co-owner’s title share, then adjusted for fair credits and charges. A co-owner who proves necessary carrying costs (taxes, insurance, mortgage payments) and…
Do I need an appraisal to establish fair market value in a partition case? – North Carolina Short Answer Usually, no. In a North Carolina partition case that is not “heirs property,” the Clerk of Superior Court does not automatically require a formal appraisal to move the case forward. Fair market value can be shown…
Is there a legal way to recover the repair contribution my former partner made on a now-worthless asset? – North Carolina Short Answer Yes. In North Carolina, co-owners can file a partition special proceeding with the Clerk of Superior Court to force a sale or award of a jointly owned boat and to sort out…