What steps do we need to file a partition action to force the sale of our family home? – North Carolina Short Answer In North Carolina, a partition sale is available to co-owners (tenants in common or joint tenants). A life tenant and remaindermen are not co-owners, so you cannot force a sale with a…
Can remainder interest holders sell a property outright when a life tenant can’t sign? – North Carolina Short Answer Not by themselves. In North Carolina, remainder holders can sell only their remainder interests unless the life tenant (or a court‑authorized fiduciary for the life tenant) joins the sale. If the life tenant lacks capacity, you…
Do we need a guardian of the estate or a neutral third party to handle selling my mother’s life estate? – North Carolina Short Answer Yes. In North Carolina, you generally need a guardian of the estate (or a general guardian) appointed by the Clerk of Superior Court, plus a specific court order authorizing the…
What is the process for a partition action when one owner is incapacitated and cannot sign sale documents? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding filed with the Clerk of Superior Court in the county where the property sits. If a co-owner is incapacitated, the case can…
How do I enforce a co-ownership agreement to market and sell the house at a fair value? – North Carolina Short Answer In North Carolina, you can either: (1) put a clear, written co-ownership agreement in place—signed by every titleholder (including the incapacitated parent’s court‑appointed guardian, with court approval)—that requires repairs and an open‑market listing…
Can a settlement agreement prevent family members from backing out of a sale if they change their minds? – North Carolina Short Answer Yes—if the co-owners put their deal into a court-approved consent order in a North Carolina partition case and include the guardian for the incapacitated parent (or a court-appointed fiduciary), the court can…
What steps do I need to modify my parent’s guardianship so someone can sign for their share of the property? – North Carolina Short Answer In North Carolina, only a guardian of the estate (or a general guardian) can sign real estate documents for an incapacitated adult. If your parent has only a guardian of…
How can I draft a binding agreement among co-owners to complete repairs and sell our inherited house? – North Carolina Short Answer Yes. In North Carolina, co-owners can sign a written agreement that commits everyone to fund repairs, hire a broker, and sell at market value. If a co-owner is an incapacitated adult, only the…
What happens if a co-owner refuses to show evidence of funds in a partition mediation? – North Carolina Short Answer In North Carolina, a party must attend and participate in court-ordered mediation, but no one is automatically required to hand over bank records during the mediation. If the co-owner will not provide proof of funds…
How do I resolve boundary or description discrepancies when preparing a partition action? – North Carolina Short Answer In North Carolina, resolve any boundary or legal description mismatch before you file a partition proceeding with the Clerk of Superior Court. Start by pulling the foreclosure special proceeding file and comparing the notice of sale, order,…