Can I settle a partition case based on a range of value, and how is the buyout amount usually figured? – North Carolina Short Answer In North Carolina, cotenants can settle a partition case on any value range and buyout formula they all accept, even though the court itself does not set ranges. Most negotiated…
What happens if the co-owners won’t agree on a sale price after we get a CMA? – North Carolina Short Answer In a North Carolina partition case, a comparative market analysis (CMA) is only a starting point for settlement talks, not a binding value. If the co-owners cannot agree on a sale price, the dispute…
After a voluntary dismissal to fix defective service, do we need to start completely over, or can anything from the first case be reused? – North Carolina Short Answer Under North Carolina law, a voluntary dismissal without prejudice generally ends the first partition action and requires filing a new special proceeding with proper service. The…
Can another owner stop the sale by buying out my share? – North Carolina Short Answer Under North Carolina partition law, another owner generally cannot unilaterally stop a court-ordered partition sale just by offering to buy a cotenant’s share. The clerk or judge decides whether the property will be split in kind or sold, based…
How do I respond to a partition action petition or summons for co-owned property? – North Carolina Short Answer In North Carolina, a co-owner who receives a partition petition or summons must file a written response in the superior court within the civil answer deadline stated in the summons, or risk the court moving forward…
What happens if we can’t access the interior—will a CMA or an appraisal be enough evidence for court? – North Carolina Short Answer In a North Carolina partition case, a court may consider both a broker’s comparative market analysis (CMA) and a licensed appraiser’s report as evidence of value, even if the interior cannot be…
What documents should I gather before meeting with a lawyer about a partition case? – North Carolina Short Answer For a North Carolina partition case, the most important documents are anything that shows who owns the property, how title is held, and what has been paid or invested in it. That usually means the deed,…
Can the court decide the listing agent and price, or can I choose an agent and sell on the open market? – North Carolina Short Answer In a North Carolina partition action, the court controls how the property is sold and ultimately approves the sale price, but it has flexibility in how the sale happens.…
How do sale costs, agent commissions, and any liens get paid and divided among co‑owners after a court‑ordered sale? – North Carolina Short Answer In a North Carolina partition sale, the court controls how the sale proceeds are collected and paid out. Sale expenses and approved commissions come off the top, then valid liens and…
How are shares divided when a co‑owner died before the case and their children or grandchildren are the ones who would inherit? – North Carolina Short Answer In a North Carolina partition case, a deceased co-owner’s share normally passes to that person’s heirs or devisees, and the partition court uses those inherited shares, not the…
