Does the power of attorney for the life tenant control that share, and what protections exist if they misuse the funds? – North Carolina Short Answer In a North Carolina partition sale, the life tenant is entitled to the value of the life estate share, and a valid power of attorney generally allows the agent…
How can I sell a jointly owned home when the other owner insists on an equal split even though I paid the entire down payment and loan? – North Carolina Short Answer In North Carolina, co-owners generally share sale proceeds based on the ownership listed in the deed, but a cotenant who has paid the…
Does having the mortgage only in my name change how equity is split if both of us are on title? – North Carolina Short Answer In North Carolina, if both co-owners are on the deed, the starting point is that equity is shared according to the ownership stated on title, not whose name is on…
If the other owner refuses to cooperate with listing or closing, what are my options? – North Carolina Short Answer Under North Carolina law, a co-owner who wants to sell is not stuck just because another co-owner refuses to list or close. A co-owner may file a partition action in superior court asking the court…
If both of our names are on the deed but only I paid for the property, can a court award me a larger share or reimburse the down payment? – North Carolina Short Answer Under North Carolina law, when both parties are on the deed, each normally owns an equal share of the property. However,…
Can we resolve this without going to court through mediation or a written agreement at closing, and how would that affect timing and costs? – North Carolina Short Answer In North Carolina, co-owners in a potential partition dispute can usually resolve how to divide sale proceeds without going to court by using a written agreement…
If the deed lists only my partner but I funded the purchase, do I still have ownership or repayment rights when the home is sold? – North Carolina Short Answer Under North Carolina law, legal ownership usually follows the name on the deed, but courts can sometimes recognize financial or equitable rights for a non-titled…
How can I use a partition action to divide sale proceeds so my contributions are credited instead of an automatic 50/50 split? – North Carolina Short Answer Under North Carolina law, a co-owner can use a partition proceeding not only to force a sale, but also to ask the court to credit that co-owner for…
What proof should I gather to show I paid the down payment and all mortgage payments so I can be reimbursed before splitting the net? – North Carolina Short Answer Under North Carolina law, a cotenant who pays the property’s carrying costs—such as the down payment, mortgage payments, taxes, insurance, and necessary repairs—may ask the…
What is the typical timeline after a co-owner is served in a partition case, and how do extensions affect when a hearing is set? – North Carolina Short Answer In a North Carolina partition case, a respondent who has been served generally has 30 days from service to file an answer, and the clerk can…