Does a family member living in the home have to move out during a partition case, or can they stay while things are resolved? – North Carolina Short Answer In North Carolina, a co-owner who is living on inherited property usually does not have to move out just because a partition case has been filed.…
If a relative was divorced from the person in the ownership line, do they still need to be included in the partition lawsuit? – North Carolina Short Answer Usually, no. In a North Carolina partition case, the required parties are the current co-owners (tenants in common or joint tenants), not someone who is only an…
Recent Legal Update Updated: March 2026 North Carolina added Article 7 of Chapter 41 in 2024, including G.S. 41-83 and G.S. 41-88, which now expressly state that each cotenant has a right to enter, occupy, and use the property subject to the rights of the other cotenants, and that a cotenant claiming actual ouster may…
Do we need to file something with the court to substitute one party for another in an ongoing partition case? – North Carolina Short Answer Usually, yes. In a North Carolina partition case, changing who is a party is not something that should be handled informally; it is typically done by filing a written motion…
If the property is sold at a tax foreclosure, can the heirs claim leftover money after taxes and fees are paid? – North Carolina Short Answer Yes. In North Carolina, if a tax foreclosure (or similar foreclosure sale) produces more money than it takes to pay the taxes, costs, and other required items, the remaining…
How do we negotiate a buyout or settlement when one co-owner is hard to reach or living outside the country? – North Carolina Short Answer In North Carolina, a partition case can still move toward a buyout or settlement even if one co-owner is hard to reach or living outside the country. The practical approach…
Can I recover for personal property damage caused by people the other co-owner allowed into the home? – North Carolina Short Answer Possibly. Under North Carolina law, a co-owner may have a claim against the other co-owner for “waste” if the co-owner’s conduct (including allowing others to misuse the property) causes damage to the co-owned…
If the court orders a sale, who handles the listing and sale process, and can someone outbid the accepted offer before closing? – North Carolina Short Answer In a North Carolina partition sale, the court (usually through the Clerk of Superior Court) appoints a commissioner to run the sale process, not one of the co-owners.…
What happens if one co-owner files for partition but the rest of us don’t agree to sell? – North Carolina Short Answer In North Carolina, one co-owner can start a partition case even if the other co-owners do not agree to sell. The court (usually through the Clerk of Superior Court) must decide whether the…
What can I do if the other side’s settlement offer feels like it was not made in good faith in a partition case? – North Carolina Short Answer In a North Carolina partition case, a “bad” settlement offer usually is not something a judge or clerk can punish by itself, because parties are generally not…
