How can I fight claims that the money I received was payment for my share of the property rather than normal marital support? – North Carolina Short Answer In North Carolina, giving up an ownership interest in real estate generally requires a signed writing, such as a deed or written settlement. Without that, routine transfers…
Can I refuse to pay utilities, taxes, insurance, or rental income share when I haven’t lived on or used the property? – North Carolina Short Answer Under North Carolina co-ownership law, you generally must contribute your share of necessary carrying costs that preserve the property (like property taxes, mortgage interest, and hazard insurance). You usually…
How can I force a partition action to move forward when a co-owner hasn’t served all interested parties? – North Carolina Short Answer In North Carolina, a partition case cannot advance until all necessary parties are properly joined and served. You can ask the Clerk of Superior Court to (1) order joinder of missing parties…
What is required to serve all co-owners properly in a partition action? – North Carolina Short Answer In North Carolina, every co-owner and any other person with a legal interest in the property must be named and served with a Special Proceedings Summons and the partition petition using the Rule 4 methods of service. If…
Can a co-owner enforce repayment of a private loan with interest from the property sale proceeds? – North Carolina Short Answer Often yes for the principal, but interest depends on your paperwork. In a North Carolina partition case, the Clerk of Superior Court can adjust sale proceeds to reimburse a co-owner for money actually paid…
What steps do I need to prepare a written agreement dividing net sale proceeds among co-owners? – North Carolina Short Answer In North Carolina, co-owners in a pending partition case can settle by a written agreement that sets a clear “waterfall” for net sale proceeds and dismisses the case. Define net proceeds (price minus approved…
How do I make sure closing costs are covered before the sale proceeds are split with other owners? – North Carolina Short Answer In a North Carolina partition case, you make closing costs come off the top by getting a written court order that directs the closing attorney or the court-appointed commissioner to pay all…
How is fair market value determined and what role does an appraisal play in a partition sale? – North Carolina Short Answer In North Carolina, fair market value (FMV) is the price a willing buyer and seller would agree to in an open market. In a partition case, FMV may be set by an independent…
What’s the process to buy out a co-owner’s interest and refinance the mortgage solely in my name? – North Carolina Short Answer In North Carolina, you can buy out a co-owner by agreement or, if you cannot agree, through a partition special proceeding before the Clerk of Superior Court. The buyout amount usually reflects each…
How can I legally require my co-owner to pay her share of utilities and HOA fees after she moved out? – North Carolina Short Answer In North Carolina, you typically cannot force a co-owner to make monthly payments outside of a written agreement. Your main legal remedy is to file a partition proceeding with the…
