What documents should I gather before meeting with a lawyer about a partition case? – North Carolina Short Answer For a North Carolina partition case, the most important documents are anything that shows who owns the property, how title is held, and what has been paid or invested in it. That usually means the deed,…
Can the court decide the listing agent and price, or can I choose an agent and sell on the open market? – North Carolina Short Answer In a North Carolina partition action, the court controls how the property is sold and ultimately approves the sale price, but it has flexibility in how the sale happens.…
How do sale costs, agent commissions, and any liens get paid and divided among co‑owners after a court‑ordered sale? – North Carolina Short Answer In a North Carolina partition sale, the court controls how the sale proceeds are collected and paid out. Sale expenses and approved commissions come off the top, then valid liens and…
How are shares divided when a co‑owner died before the case and their children or grandchildren are the ones who would inherit? – North Carolina Short Answer In a North Carolina partition case, a deceased co-owner’s share normally passes to that person’s heirs or devisees, and the partition court uses those inherited shares, not the…
If a deed for one parcel was hard to find, what proof of title will the court accept so we can move forward with a sale or division? – North Carolina Short Answer In a North Carolina partition case, the court does not require a perfect, uninterrupted deed chain before it can order an actual…
Are there risks to relying only on exterior observations and comparable sales, and could that affect how the court divides the sale proceeds? – North Carolina Short Answer Yes. In a North Carolina partition case, an exterior-only value based on comparable sales can be helpful for settlement talks, but it is a limited and easily…
If I settle instead of continuing the partition, how is my share calculated when the home’s interior condition is unknown? – North Carolina Short Answer In a North Carolina partition case resolved by settlement, a cotenant’s share is generally based on (1) that cotenant’s legal ownership percentage and (2) an agreed fair market value for…
How can I get a reliable market value for a co-owned house when I can’t get inside because occupants or co-owners won’t allow access? – North Carolina Short Answer In a North Carolina partition case, a reliable market value can still be developed for a co-owned house without interior access by using an exterior inspection,…
Do I have to agree or sign anything for the sale to proceed, and what happens if I don’t? – North Carolina Short Answer In a North Carolina partition sale, a co-owner’s signature or agreement is generally not required for the court-ordered sale to go forward once the clerk has ordered a sale and appointed…
How can I calculate what each person will receive when a life estate and remainder interests are involved in a partition sale? – North Carolina Short Answer In a North Carolina partition sale involving a life estate and remaindermen, the court first orders the property sold and pays closing costs, court costs, commissioner fees, and…