What steps do I need to take to regain access to a house that a co-owner improperly conveyed? – North Carolina Short Answer In North Carolina, a co-owner (tenant in common) cannot deed away anyone else’s share. A deed that purports to transfer the entire property without all owners’ signatures is effective only as to…
Is it possible to reverse an unauthorized property sale by another owner? – North Carolina Short Answer Yes. In North Carolina, a co-owner cannot unilaterally sell or deed away more than that co-owner’s own undivided share. A deed that overreaches is ineffective beyond the grantor’s interest, and a forged or fraudulently obtained deed can be…
Can a co-owner legally convert joint ownership into sole ownership without notifying the other owners? – North Carolina Short Answer No. In North Carolina, a co-owner of real estate (a tenant in common) can transfer only that person’s own undivided share unless every other co-owner consents or a court orders a partition. Recording a deed…
How can I challenge a deed transfer made by a co-owner without my consent? – North Carolina Short Answer In North Carolina, a co-owner (tenant in common) can only convey that co-owner’s own undivided share, not the entire property. If a deed purports to transfer the whole property into one name without all co-owners’ signatures,…
What steps do I need to ask the court to schedule a hearing after mediation falls through? – North Carolina Short Answer In North Carolina, when a court-ordered mediation in a partition special proceeding ends in impasse, the next step is to calendar the case with the Clerk of Superior Court. Make sure the mediator…
What rights do I have to protect my share of the estate when I suspect mismanagement by the personal representative? – North Carolina Short Answer Under North Carolina law, an heir or beneficiary may demand a full inventory and accounting, object to any proposed final account, and ask the Clerk of Superior Court to compel…
Is it possible to buy out the other beneficiary’s share instead of selling the property? – North Carolina Short Answer Yes. In North Carolina, co-owners can agree to a private buyout at any time, or ask the Clerk of Superior Court in a partition proceeding to structure a buyout. If the property is inherited “heirs…
How do I handle distribution of personal items and remaining assets under the will once the house is sold? – North Carolina Short Answer In North Carolina, the executor distributes tangible personal items and any remaining assets according to the will after paying valid estate expenses and claims. If the estate includes a co-owned house,…
How do I prepare and file the required 1099-S form for the partition sale to allow disbursement of proceeds? – North Carolina Short Answer In a North Carolina partition sale handled by a court-appointed commissioner, the person responsible for closing (usually the commissioner’s closing attorney) must file IRS Form 1099-S reporting each owner’s gross proceeds.…
What happens if we can’t provide proof of satisfaction for the deed of trust before the commissioner distributes the sale funds? – North Carolina Short Answer In a North Carolina partition sale, the commissioner cannot release a co-owner’s net share until liens on that owner’s interest are properly handled. If a deed of trust payoff…