How can I schedule a hearing for disbursing proceeds in my partition action? – North Carolina Short Answer In North Carolina, once the partition sale is reported, the upset-bid period has run, and the sale is confirmed, any party can ask the Clerk of Superior Court to calendar a disbursement hearing in the special proceeding.…
Can I get my share of the proceeds sooner if the other co-owners agree? – North Carolina Short Answer Yes—often. In a North Carolina partition sale, once the sale is confirmed, the upset-bid period has expired, and the purchase price is paid into court, the Clerk of Superior Court can enter a consent order to…
What steps should I take to prepare my defense if my co-owner files a partition petition later? – North Carolina Short Answer In North Carolina, partition cases start as a special proceeding before the Clerk of Superior Court in the county where the land sits. If you are served, you typically have 10 days to…
Can I take any action now to protect my share of the property before a partition lawsuit is filed? – North Carolina Short Answer Yes. In North Carolina, a co-owner can take practical and legal steps now to preserve their interests: keep taxes and insurance current, document and pay necessary carrying costs (which may be…
How can I check if a partition petition has been filed for our co-owned land? – North Carolina Short Answer In North Carolina, a partition case is filed as a Special Proceeding (SP) with the Clerk of Superior Court in the county where the land sits. To check, look for an SP case under the…
How long should I expect to wait for the court to sign my summons in a special proceedings case? – North Carolina Short Answer In North Carolina special proceedings (including partition), the Clerk of Superior Court should issue (sign) the summons promptly—”forthwith”—and in any event within five days of filing. If your summons has been…
What steps can I take if my filed summons remains unsigned after the standard processing time? – North Carolina Short Answer In a North Carolina partition special proceeding, the Clerk of Superior Court issues the special proceeding summons (AOC-SP-100) when you file the petition. If two weeks have passed and the summons is still unsigned,…
Is there a way to expedite the signing of a summons that has been pending for weeks? – North Carolina Short Answer Yes. In a North Carolina partition special proceeding, the Clerk of Superior Court must issue the special proceedings summons when the petition is filed and, in any event, within five days. If your…
How can I propose selling our jointly owned house with a neutral agent instead of fighting a partition sale? – North Carolina Short Answer In North Carolina, you can respond to a partition petition by asking the Clerk of Superior Court to pause the case and enter a consent order to list the home with…
How should I handle dividing personal items like an engagement ring or household furniture in this split? – North Carolina Short Answer In North Carolina, a partition case focuses on the real estate, not personal items. Fixtures (things attached to the house) go with the property; personal belongings (like an engagement ring or movable furniture)…