Can I request a specific time for the partition hearing, or does the court assign the time? – North Carolina Short Answer In North Carolina partition cases, the court (through the clerk of superior court’s scheduling process) ultimately assigns the hearing date and time. A party can usually ask for a particular date or time…
What happens if one co-owner refuses to allow an appraiser or agent access to the property for a valuation? – North Carolina Short Answer In North Carolina, one co-owner’s refusal to allow access can slow down settlement talks, but it usually does not stop a partition case from moving forward. If the case is already…
What family-relationship information do you need from a client to complete the partition petition? – North Carolina Short Answer In a North Carolina partition case, the petition must name and join all current co-owners, and sometimes other people whose ownership rights flow through family relationships. To draft the petition correctly, the firm typically needs a…
How is the property’s value used to decide a buyout amount or a sale price in a partition settlement? – North Carolina Short Answer In a North Carolina partition settlement, the property’s value is used as the starting point to calculate each co-owner’s share based on that co-owner’s ownership percentage. For a buyout, the usual…
Can the partition case move forward if some co-owners don’t cooperate or refuse to respond? – North Carolina Short Answer Yes. In North Carolina, a partition case can still move forward even if some co-owners do not cooperate or refuse to respond, as long as the petitioner properly names and serves all required parties. The…
How do we get a reliable property value estimate to support a settlement in a partition case? – North Carolina Short Answer In a North Carolina partition case, a reliable settlement value estimate usually comes from a written, data-supported valuation prepared by a neutral real estate professional—often a comparative market analysis (CMA) or, when the…
What documents or property details should we provide to a real estate agent to complete a comparative market analysis for a partition dispute? – North Carolina Short Answer In a North Carolina partition dispute, a real estate agent preparing a comparative market analysis (CMA) usually needs (1) basic ownership and property identification information, (2) accurate…
How do I figure out who all the co-owners or heirs are for the property before filing a partition case? – North Carolina Short Answer In North Carolina, a partition case should name and serve all current co-owners (and often other people with an interest, like lienholders). The practical way to identify everyone is to…
What happens if I can’t locate or identify every person who might have an ownership interest in the property? – North Carolina Short Answer In North Carolina, a partition case can still move forward even if not every possible co-owner can be identified or located right away. The court can allow service by publication for…
Can the court require the parties to obtain an appraisal or comparative market analysis during a partition action? – North Carolina Short Answer Yes—North Carolina courts can require the parties in a partition case to develop and present evidence of the property’s fair market value, and the court can also order steps (like mediation) that…
