How do I negotiate payment deadlines and enforcement terms in a property buy-out settlement? – North Carolina Short Answer In a North Carolina partition case, put the buy-out terms in a written, signed settlement that the Clerk of Superior Court can adopt as a consent order. Set a firm payment date, spell out the deed…
Is it better to settle in mediation or proceed directly with a partition action when a buy-out falls through? – North Carolina Short Answer In North Carolina, try to settle at mediation first and lock the deal into a clear, enforceable consent order. Mediation lets co-owners control terms, timing, and cost. If payment or performance…
Can I force a partition sale if the mediation buy-out agreement isn’t honored? – North Carolina Short Answer Yes—if the signed mediation agreement is not performed, you can ask the court to enforce it or move forward with a partition case. In North Carolina, partition starts before the Clerk of Superior Court where the land…
What happens if the co-owner fails to pay the agreed cash sum within the specified timeframe? – North Carolina Short Answer In North Carolina, if a signed settlement requires payment by a set date and the co-owner does not pay, they are in breach. The court can enforce the agreement (including ordering payment or deed…
How can I help my mother prevent the partner’s children from forcing the beach condo to be sold? – North Carolina Short Answer In North Carolina, a tenant in common can ask the Clerk of Superior Court to partition co-owned real estate, which can end in a sale if the property cannot be fairly divided.…
Can a handwritten survivorship note on the deed change co-owners’ rights? – North Carolina Short Answer Usually no. In North Carolina, survivorship between co-owners exists only if the deed itself expressly says so. If a recorded deed lists the parties as tenants in common, a later handwritten note typically does not change title. When a…
How can my mother recover half of the down payment and mortgage payments she made? – North Carolina Short Answer In North Carolina, a co-owner can ask the Clerk of Superior Court in a partition case to credit her for money she paid that protected the common property, such as down payment, mortgage, taxes, insurance,…
How do we find out if probate has been opened and what impact it has on her rights to the property? – North Carolina Short Answer Call or visit the Estates Division of the Clerk of Superior Court in the county where the deceased partner lived to see if an estate file (an “E” file)…
What happens if the partner’s children file a partition action against her in North Carolina – North Carolina Short Answer In North Carolina, any co-owner can file a partition case with the Clerk of Superior Court to split jointly owned real estate. If a fair in-kind split is impractical (common with a single condo), the…
How can I confirm which tracts I actually have an ownership interest in when some deeds are missing? – North Carolina Short Answer In North Carolina, you confirm which tracts you own by proving your chain of title and, if records are incomplete, asking the court to declare and quiet your title before any partition.…