How can I challenge a deed transfer that was filed in error when no will existed? – North Carolina Short Answer In North Carolina, when someone dies without a will, legal title to their real estate passes immediately to their heirs. If a deed or county title change later puts the property in someone else’s…
What happens to personal belongings left by occupants if the home is sold through a partition action? – North Carolina Short Answer In North Carolina, a partition sale transfers the real estate to the buyer; it does not include other people’s personal belongings. After the sale is confirmed and the deed is delivered, the court…
Will outstanding property taxes or repair liens reduce my share in the partition sale? – North Carolina Short Answer Yes. In a North Carolina partition by sale, the clerk first uses the sale proceeds to pay costs of sale and valid liens on the property (like county property taxes) before any co-owner gets paid. After…
What happens if my co-owner sibling damages or neglects the house before it’s sold? – North Carolina Short Answer In North Carolina, co-owners must not commit waste (damage or neglect that reduces value). In a partition case, the Clerk of Superior Court can adjust the sale proceeds to charge the damaging co-owner and credit the…
How do I request a continuance on a partition sale hearing to complete my refinance and closing? – North Carolina Short Answer In North Carolina, you request a continuance by filing a written motion with the Clerk of Superior Court in the partition case and showing good cause—typically, a specific, near-term refinance or closing date…
Can I enforce my lender pre-approval and purchase agreement to buy out my co-owner’s share in court? – North Carolina Short Answer In North Carolina, a lender pre-approval does not give you the right to force a buyout. A signed, valid real estate purchase agreement can be enforced through a civil superior court action for…
How can I resolve an easement dispute so it doesn’t derail the partition process? – North Carolina Short Answer In North Carolina, a partition case is filed with the Clerk of Superior Court, but a contested easement (a title or boundary issue) usually must be decided by a Superior Court judge. To keep your partition…
What proof do I need at the partition hearing to show I made all mortgage, tax, and insurance payments? – North Carolina Short Answer Bring competent, traceable documents that show who paid, what was paid, when, and why. In North Carolina partition cases, clerks commonly accept canceled checks, bank/credit card statements, lender payment histories, tax…
How can I challenge a partition action when I already had a signed purchase agreement to assume the mortgage? – North Carolina Short Answer In North Carolina, a co-owner can challenge a partition by raising contract and equity defenses, asking the Clerk of Superior Court to transfer the case to Superior Court, and seeking to…
What share of the sale proceeds do my sister and I receive when a spouse outlives a co-owner without a will? – North Carolina Short Answer In North Carolina, when a co-owner dies without a will and the deed has no survivorship rights, the decedent’s share passes by intestacy. If there are two children and…