How can we avoid a partition lawsuit and instead agree to sell a co-owned property? – North Carolina Short Answer In North Carolina, co-owners can often avoid a partition lawsuit by signing a written agreement to list and sell the property, including clear terms for price, realtor selection, showing access, and how sale proceeds will…
If the house and land are tied together as one property, can I still force a sale, or do I need to separate titles first? – North Carolina Short Answer In North Carolina, a co-owner can usually file a partition case to force a division or sale of the property as it is titled, even…
How do I get bought out of a house I co-own with a parent if they say they can only pay a small amount? – North Carolina Short Answer In North Carolina, a co-owner generally cannot be forced to accept a low buyout just because the other co-owner cannot refinance or pay more. If the…
If the other co-owner claims certain household items or appliances, is that handled separately from the home buyout amount, and should we require a written list before closing? – North Carolina Short Answer Usually, yes. In North Carolina, a home buyout resolves ownership and value of the real estate, while household items and appliances are…
What happens if property taxes on an inherited home aren’t paid—can the property be taken in a tax foreclosure, and do heirs have any chance to redeem it? – North Carolina Short Answer In North Carolina, unpaid property taxes become a lien on the home, and the county (and other taxing units) can enforce that…
What should I consider before accepting a co-owner’s buyout offer versus forcing a sale of the property? – North Carolina Short Answer In North Carolina, a co-owner can usually end a co-ownership by filing a partition case, but the court does not automatically order a sale. The court must choose a method of partition and…
How do we handle a minor heir’s share and the required notices? – North Carolina Short Answer In a North Carolina partition case, a minor heir cannot simply receive sale proceeds directly. The court must protect the minor’s share, usually by paying it to a properly appointed fiduciary (like a guardian of the estate) or…
Can the other co-owner buy the property at the public sale, and what happens if a third party outbids them? – North Carolina Short Answer Yes. In a North Carolina partition sale, a co-owner can bid at the public sale like anyone else, unless the court orders otherwise for a specific reason. If a third…
How can I get reimbursed for the money I put into repairs and upkeep before the sale proceeds are split? – North Carolina Short Answer In North Carolina, a co-owner (cotenant) can often get reimbursed in a partition case for certain money spent to preserve or improve the property before sale proceeds are divided. The…
How can I finalize a buyout or refinance agreement when a co-owner keeps changing their mind right before closing? – North Carolina Short Answer In North Carolina, the most reliable way to finalize a co-owner buyout tied to a refinance is to reduce the deal to a signed, written settlement agreement with clear deadlines, a…
