What is the process to file a partition action to divide or sell jointly owned property without opening an estate? – North Carolina Short Answer In North Carolina, you can file a partition special proceeding with the Clerk of Superior Court in the county where the land sits without opening an estate. Heirs take title…
How do I determine whether a mobile home runs with the land or is separate personal property for inheritance purposes? – North Carolina Short Answer In North Carolina, a manufactured/mobile home is part of the real estate only if the DMV title was canceled and an affidavit was recorded showing the home is permanently affixed…
What are my options for valuing my interest and securing a buyout or sale if I can’t agree with the surviving spouse? – North Carolina Short Answer In North Carolina, you can file a partition action, a special proceeding before the Clerk of Superior Court, to force either a division of the land or a…
Can I speed up the disbursement process so I get my share sooner? – North Carolina Short Answer Often, yes—within limits. In a North Carolina partition sale, money can be disbursed only after the judicial sale steps finish (upset-bid period, confirmation, and approval of the commissioner’s fee and accounting). You can speed things up by…
What happens if the court-appointed commissioner delays submitting the final fee report? – North Carolina Short Answer In North Carolina partition sales, the Clerk of Superior Court will not order distribution of sale proceeds until the commissioner files a final report and fee request and the clerk taxes costs and approves fees. If the commissioner…
How can I find out exactly what fees will be deducted from my partition sale proceeds? – North Carolina Short Answer In North Carolina, the partition sale commissioner must file a final, itemized fee and expense report for the Clerk of Superior Court to review and approve before disbursement. You (and other co-owners) will receive…
How can I prevent the tax office from foreclosing when my co-owned property is under a partition sale? – North Carolina Short Answer In North Carolina, county and city property taxes are a first lien on real estate and must be paid from the proceeds of a court-ordered partition sale before any co-owner receives money.…
How do I challenge unreasonable commissioner fees in a partition action? – North Carolina Short Answer In North Carolina partition cases, the Clerk of Superior Court reviews and approves the commissioner’s fees. You can challenge the amount by filing written objections to the commissioner’s final report and presenting evidence at the approval hearing. The clerk…
How do I ensure the co-owner leaves the property before it’s listed for sale? – North Carolina Short Answer In a North Carolina partition case, you ask the Clerk of Superior Court (or the assigned judge) to enter an order requiring the occupying co-owner to vacate by a specific date and granting the court-appointed commissioner…
What exactly does the commissioner do in a partition sale and how do I stay informed? – North Carolina Short Answer In a North Carolina partition sale, the court-appointed commissioner is a neutral who manages the sale: preparing the property, advertising or listing it, conducting the sale under judicial sale rules, handling upset bids, reporting…