How do I know whether the process so far has been handled properly in my property dispute? – North Carolina Short Answer In North Carolina, the best way to check whether a partition case has been handled properly is to compare the court file and timeline to the required steps: proper service and notice to…
What happens to my partition case if the property title is unclear or disputed? – North Carolina Short Answer In North Carolina, a partition case can often keep moving even if some ownership interests are unclear or disputed, because the court does not always have to decide competing ownership claims before ordering a partition or…
What happens if the house goes into foreclosure while a partition case is pending and we were trying to sell it privately? – North Carolina Short Answer In North Carolina, a pending partition case does not automatically stop a lender’s foreclosure. If the foreclosure sale is completed, it can cut off the co-owners’ ownership interest…
How can we stop or dismiss a partition lawsuit if the petition has mistakes or missing information? – North Carolina Short Answer In North Carolina, a partition case is not automatically dismissed just because the petition contains mistakes. The most effective way to “stop” the case is usually to file a timely response in Superior…
Why would a commissioner stop a partition sale because of a title problem in old deeds? – North Carolina Short Answer In a North Carolina partition sale, the court-appointed commissioner is trying to sell and convey the property under a court order. If older deeds create a “cloud” on title—meaning it is unclear who owns…
What can I do if someone else is holding the original handwritten will and won’t provide it? – North Carolina Short Answer In North Carolina, the will generally needs to be filed with the Clerk of Superior Court (the estate division) in the county where the decedent lived. If someone refuses to turn over the…
If the other co-owner paid property taxes while living in the home, can they ask the court to reimburse them out of my share of the proceeds? – North Carolina Short Answer Yes. In a North Carolina partition sale, a co-owner can ask the court to reimburse them for property taxes they paid as a…
How do I get clear ownership of a property when multiple people are on the deed and some co-owners have passed away? – North Carolina Short Answer In North Carolina, “clear ownership” usually requires (1) confirming who owns what share today and (2) getting everyone’s interest into one owner’s name by deed, probate, or a…
How can we force progress on selling a co-owned house when the other co-owner won’t respond or won’t agree to a price reduction? – North Carolina Short Answer In North Carolina, when co-owners cannot agree on how to sell a jointly owned house (including price reductions), the usual way to force progress is to file…
What can I do if I believe property was transferred while my relative had dementia or was being taken advantage of? – North Carolina Short Answer In North Carolina, a suspicious transfer made while a relative had dementia can sometimes be challenged by focusing on (1) whether the person had legal capacity when the document…
