What is the best way to clear the title when a deceased owner is still listed on the deed to inherited land? – North Carolina Short Answer In North Carolina, the “best” way to clear title usually depends on why the deceased owner is still on the deed: whether the land was owned by the…
If the other co-owner collected rent or let people live there rent-free, can that affect how the partition proceeds are distributed? – North Carolina Short Answer Yes. In North Carolina, co-owners generally share proportionally in rents and profits actually received from third parties, and a co-owner who received more than their share can be required…
Can we ask the court to require a public sale instead of a private sale if a sale becomes unavoidable? – North Carolina Short Answer Yes. In a North Carolina partition case, if the court orders a sale, a party can ask the Clerk of Superior Court (or the judge, depending on the posture of…
When do I need to file a partition action to force a division or sale of inherited land? – North Carolina Short Answer In North Carolina, a partition case is usually filed once the people who currently own the inherited land are co-owners (typically heirs or devisees) and they cannot agree on what to do…
Can a co-owner transfer inherited property to themselves with a deed if another co-owner or the estate trustee did not agree? – North Carolina Short Answer Usually not. In North Carolina, a co-owner can generally deed only the share they actually own, and they cannot use a deed to take another co-owner’s share without that…
If one co-owner has used the property more than the others, can that affect the final split of proceeds or the buyout terms? – North Carolina Short Answer Yes. In North Carolina, unequal use can matter if it ties to money issues the court can adjust for—such as one co-owner collecting rents/profits, paying (or not…
Can I file one partition case that addresses two separate tracts owned by the same group of heirs, or do they have to be handled separately? – North Carolina Short Answer In North Carolina, it is often possible to address more than one tract in a single partition special proceeding when the same co-owners hold…
How is the buyout price determined for a co-owned property if we disagree on the value? – North Carolina Short Answer In North Carolina, there is no automatic “court-set buyout price” just because co-owners disagree about value. If the co-owners cannot agree on a voluntary buyout number, the usual way to force a clean exit…
Should I record an affidavit of heirship before starting a partition action? – North Carolina Short Answer Usually, no. In North Carolina, a partition case can move forward even if some co-owners are deceased, unknown, or there is a dispute about who owns a particular share. An affidavit of heirship can still be useful as…
What happens if the court orders a partition by sale even though I object? – North Carolina Short Answer In North Carolina, if the court orders a partition by sale over an objection, the property will be sold under court supervision and the co-owners will receive their shares of the net proceeds instead of receiving…
