How can I get full ownership of an inherited home into my child’s name if one co-owner won’t sign? – North Carolina Short Answer In North Carolina, one co-owner generally cannot transfer full ownership of inherited real estate to a child unless every co-owner signs a deed (or a court order replaces the missing signature).…
Can the co-owners agree to a partition in kind instead of selling the property and splitting the proceeds? – North Carolina Short Answer Yes. In North Carolina, co-owners can agree to divide the land into separate parcels (an “actual partition,” often called a partition in kind) rather than sell it, and the court can order…
How do I move forward with a partition hearing when the other side says there was a settlement agreement? – North Carolina Short Answer In North Carolina, a partition case is usually heard as a special proceeding before the Clerk of Superior Court. If the other side claims there was a settlement, the key question…
What can I do if the petition to partition includes facts I believe are inaccurate? – North Carolina Short Answer In North Carolina, a petition to partition is the opening document in a special proceeding, and it is common for co-owners to disagree with how the facts are stated. The usual response is to file…
If the land can’t be divided evenly, what happens to the co-owners’ shares in a partition case? – North Carolina Short Answer In North Carolina, if land cannot be divided into tracts that match each co-owner’s percentage interest as closely as possible, the court can still order an “actual partition” by using a cash equalization…
How can a family legally divide a jointly owned property into separate parcels for each co-owner? – North Carolina Short Answer In North Carolina, a family can legally split jointly owned land into separate parcels by filing a partition proceeding and asking for an “actual partition” (a division of the land) rather than a sale.…
If we are already working on a buyout and have an appraisal, can the court petition be paused or dismissed? – North Carolina Short Answer Yes—often a North Carolina partition case can be paused (continued) or dismissed if the co-owners reach a real buyout agreement and the court has not already moved the case into…
What happens if local zoning rules require special approval before a large property can be split into multiple lots? – North Carolina Short Answer In North Carolina, a court can order a partition, but it generally cannot create (or require the recording of) new lots that violate local subdivision and zoning rules. If local ordinances…
Can I get an inheritance advance based on my expected share if the only assets are parcels of land that still need to be sold? – North Carolina Short Answer Sometimes, but it depends on whether the inheritance interest is clear and transferable and whether there is a realistic path to turning the land into…
How do we figure out whether co-owned land can be physically divided instead of being sold? – North Carolina Short Answer In North Carolina, the starting point is physical division (an “actual partition”) if the land can be divided fairly. A court should order a sale instead only if the party asking for a sale…
