What contact information is required for each co-owner or heir to file the petition (for example, legal name and mailing address)? – North Carolina Short Answer In North Carolina, a partition petition must identify the people who have or claim an interest in the property so the court can issue summons and required notices. As…
How long do I have to appeal the confirmation of a partition sale, and what are the risks, costs, and likely outcomes if I do? – North Carolina Short Answer In North Carolina, an order confirming a partition sale becomes final 15 days after it is entered (or later if a timely petition to revoke…
Can I be reimbursed for money I already spent maintaining a vacant property, and what proof should I provide? – North Carolina Short Answer Yes—North Carolina law can allow a co-owner to be reimbursed in a partition case for certain money already spent to preserve or improve a jointly owned property, especially where the property…
Can the other co-owner stop me from getting my share by claiming I owe them money for the mortgage, utilities, taxes, or HOA payments? – North Carolina Short Answer Usually not. In North Carolina, a co-owner generally cannot block a partition or keep all sale proceeds just by saying the other co-owner “owes” them for…
Can a partition case be limited to selling standing timber without selling or dividing the land itself? – North Carolina Short Answer Yes. North Carolina law allows one or more co-owners of land to file a partition proceeding seeking a court-ordered sale of the standing timber separate from the land, so the land itself is…
What happens if the other side files a motion or lawsuit to enforce the settlement before the partition hearing? – North Carolina Short Answer In North Carolina, the other side can ask the Superior Court to enforce an alleged settlement before a partition hearing, often by filing a motion in the existing case. But in…
Can one co-owner be reimbursed for taxes and insurance they paid, and how is that handled at closing? – North Carolina Short Answer Yes. Under North Carolina law, a co-owner (cotenant) can usually seek contribution for “carrying costs” paid to preserve the property—often including property taxes and homeowner’s insurance. How it gets handled at closing…
Do stepchildren of a surviving spouse have any claim to a deceased heir’s share if they were never adopted? – North Carolina Short Answer Usually no. Under North Carolina intestacy rules, a deceased heir’s share generally passes to that heir’s surviving spouse and/or the heir’s own descendants (children, grandchildren), not to the surviving spouse’s stepchildren…
Can I reschedule or continue the hearing if interpreter services are not available that day? – North Carolina Short Answer Yes. In North Carolina civil court, a party can ask the judge (or, in some settings, the clerk of superior court) to continue or reschedule a hearing if a needed court interpreter is not available.…
Do we need to open probate to handle small outstanding bills, or can we pay them ourselves before listing the home? – North Carolina Short Answer In North Carolina, family members can sometimes pay small, practical expenses themselves, but doing so does not replace probate when the estate needs a legal representative to deal with…