How is a buyout amount calculated when there’s still a mortgage on the house and I’ve paid money into repairs or expenses? – North Carolina Short Answer In North Carolina, a buyout in a co-owned home usually starts with the home’s fair market value, then subtracts valid liens like the mortgage to get the equity.…
What happens if one co-owner refuses to cooperate or won’t sign from out of state? – North Carolina Short Answer In North Carolina, one co-owner’s refusal to cooperate or sign documents does not necessarily stop a partition case. A co-owner who wants to end shared ownership can file a partition proceeding in Superior Court and…
How do we confirm whether there was a valid will and how it affects who owns what share of the property? – North Carolina Short Answer In North Carolina, the usual way to confirm whether there was a valid will is to check the county estate records where the person lived at death to see…
What happens in a partition case if there are homes on the land or there might be a mortgage or other liens? – North Carolina Short Answer In North Carolina, a partition case can still move forward even if there are homes on the land and even if there is a mortgage or other liens.…
Now that my parent has passed and the lifetime rights are over, can we move forward with a partition to force the sale of the house? – North Carolina Short Answer Yes, in North Carolina, once the life tenant has died and the life estate (lifetime rights) has ended, the remainder owners typically have a…
Can the commissioner or buyer still close if someone is still living in the property, and what are the risks? – North Carolina Short Answer Yes—under North Carolina partition-sale procedure, a sale can still be confirmed and the buyer can often move forward even if a co-owner is still occupying the home. The practical problem…
What happens if we miss the refinance closing deadline because the deed or settlement paperwork isn’t ready in time? – North Carolina Short Answer In North Carolina, missing a refinance closing deadline usually means the lender can cancel or reissue the closing package, extend the deadline, or require updated approvals (like refreshed payoff figures, rate…
How can we sell a co-owned family property when the deed history is messy because of an old quitclaim deed? – North Carolina Short Answer In North Carolina, a messy deed history (including an old quitclaim deed) does not always prevent a sale of a co-owned family property. If the co-owners cannot agree on a…
How do I respond to a partition lawsuit if I agree the land can be sold but the paperwork lists the wrong heirs and misspells names? – North Carolina Short Answer In North Carolina, a respondent in a partition case can agree that a sale may be appropriate while still filing a timely Answer to…
As a co-owner, can I stop the other owner from letting certain people move in or use the property for illegal activity? – North Carolina Short Answer Sometimes, but not in the same way a sole owner could. In North Carolina, each co-owner generally has an equal right to possess and use the whole property,…
