What documents are needed to prove someone has power of attorney to sign a real estate listing? – North Carolina Short Answer In North Carolina, a person signing a listing agreement for a property owner must show an acknowledged (notarized) power of attorney that expressly grants authority over real property. If that agent will later…
How do I get a commissioner appointed to oversee the sale of co-owned property? – North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court in your partition case to order a sale and appoint a commissioner when a fair in-kind split is not practical and would harm an owner. If…
Does a co-owner have to attend the partition hearing or testify? – North Carolina Short Answer No. In North Carolina, a co-owner who has been properly served is not required to attend the partition hearing or testify. The Clerk of Superior Court can hold the hearing and rule based on the evidence presented. That said,…
What timeline can I set for a co-owner living on the property to vacate after a forced sale? – North Carolina Short Answer In North Carolina, a co-owner generally cannot be made to move out until after the partition sale is confirmed and title passes by the commissioner’s deed. The court can set a surrender…
Can I ask the court to skip mediation in a partition action? – North Carolina Short Answer Yes. In North Carolina partition cases handled by the Clerk of Superior Court, mediation is not automatic; the clerk may order it, but also may waive it for good cause. You can file a motion asking the clerk…
Can I sell the house if one co-owner refuses, or must I file a partition action? – North Carolina Short Answer In North Carolina, you cannot force a private sale of the whole property without every co-owner’s consent. Any co-owner may file a partition action with the Clerk of Superior Court to divide the property…
How can I ask my brother to buy my share of our inherited property in North Carolina? – North Carolina Short Answer In North Carolina, you can propose a private buyout at a fair price, or, if you cannot agree, file a partition proceeding with the Clerk of Superior Court in the county where the…
How do I calculate a fair buyout offer when I don’t know the mortgage balance or current equity? – North Carolina Short Answer In North Carolina partition cases, a fair buyout is your co-owner’s percentage of the home’s verified net equity: fair market value minus liens/payoffs and typical sale costs, then adjusted for agreed credits…
How Are Attorney Fees Handled and Approved in Partition Actions in North Carolina? Detailed Answer When co-owners of real estate cannot agree on how to use or divide property, one or more co-owners may file a partition action under North Carolina law. In this proceeding, the court either physically divides the land or orders a…
How Do I Force The Sale of Real Property in a North Carolina Partition Action? What Is a Partition Action in North Carolina? A partition action is a special proceeding handled by the clerk of court in which a joint tenant or tenant in common asks the court to divide jointly owned real property between…