Do I have to go to court if another co-owner files a petition to force the sale of a jointly owned home? – North Carolina Short Answer Not always. In North Carolina, a co-owner can file a partition case in Superior Court to divide the property or force a sale, and the court can make…
How does a court decide whether to order a buyout versus forcing a sale in a partition case? – North Carolina Short Answer In North Carolina, a partition case usually starts with the question of whether the land can be physically divided (an “actual partition”) without causing “substantial injury” to any co-owner. If the court…
Do I need to file an answer or other response to protect my child’s interest in the property sale? – North Carolina Short Answer Often, yes—some kind of timely response is the safest way to protect a minor child’s interest in a North Carolina partition case, especially if the child is named as a respondent/interest…
How will the court handle my child’s share of the sale proceeds if the land is sold? – North Carolina Short Answer In a North Carolina partition sale, the court does not simply hand a minor child’s share of the proceeds to an adult. Instead, the Clerk of Superior Court (or the court overseeing the…
What happens in a partition case when a minor is listed as an owner or respondent? – North Carolina Short Answer In North Carolina, when a minor is listed as an owner or respondent in a partition case, the court must protect the minor’s property rights throughout the case. The partition can still move forward,…
If the other co-owners never respond, can the court enter a default and let the sale move forward without a hearing? – North Carolina Short Answer In North Carolina, a co-owner’s failure to respond does not automatically let a partition sale move forward “by default” with no court involvement. Partition is a special proceeding handled…
What can I do to clear title on a house when the original estate paperwork is incomplete or missing pages? – North Carolina Short Answer In North Carolina, incomplete or missing estate paperwork often leaves a “cloud” on title that prevents a sale or refinance. Common solutions include (1) reopening or completing the estate file…
What happens in a partition action if the ownership percentages on the deed don’t match who actually paid for the property? – North Carolina Short Answer In North Carolina, a partition case usually starts with the ownership interests shown in the recorded deed. But the court can still adjust the final dollars each co-owner receives…
Can a court force the sale of a co-owned property to prevent a tax foreclosure? – North Carolina Short Answer Yes—under North Carolina law, a co-owner can file a partition proceeding and ask the court to order a sale of the property (instead of physically dividing it) when an actual division would cause “substantial injury.”…
If repairs are needed to sell the property, can contractors be paid from the sale proceeds and do all co-owners have to agree? – North Carolina Short Answer Often, yes—repairs that are truly necessary to get a North Carolina partition property sold can sometimes be paid as a sale expense from the closing proceeds, but…
