Do improvements a co-owner made without my agreement change how the sale proceeds are divided? – North Carolina Short Answer In North Carolina, a co-owner’s improvements can change how net partition sale proceeds are divided, but not automatically and not dollar-for-dollar. In a partition case, the improving co-owner generally must ask the court for an…
What can I do if the executor isn’t acting or allows someone to live in the home without paying—can the court compel action or replace the executor? – North Carolina Short Answer Yes. In North Carolina, an interested heir can ask the Clerk of Superior Court (the official who oversees most estate administration) to require…
Can I recover the cost of repairs and maintenance I paid for a co-owned property? – North Carolina Short Answer Yes, often. In North Carolina, a co-owner (cotenant) who paid more than their share of certain property expenses—such as necessary repairs, insurance, property taxes, or mortgage payments—can usually seek reimbursement (called “contribution”) in a partition…
What should I expect at the first court hearing in a partition case—will the judge decide the sale first and the money split later? – North Carolina Short Answer In North Carolina partition cases, the first hearing usually focuses on whether the co-owners have a right to partition and what method the court will use…
What steps are involved in a partition action to buy out family members, and how is each person’s share determined? – North Carolina Short Answer In North Carolina, a partition case is a court process that ends shared ownership of real estate when family members (or other co-owners) cannot agree. The case typically starts with…
What proof do I need to enforce our prior deal about the house and rent, and will texts or a written agreement be enough? – North Carolina Short Answer In North Carolina, the proof needed to enforce a prior deal about a house and rent depends on what the deal actually required. If the deal…
Will a mutual release in the settlement agreement end the partition case and override any prior handwritten agreements about interest or repayment? – North Carolina Short Answer In North Carolina, a mutual release in a written settlement agreement can end a partition case if the parties also file a proper dismissal with the court (or…
Is it reasonable to coordinate a personal property exchange at closing, and when is it appropriate to request a deputy to be present? – North Carolina Short Answer Yes. In North Carolina, it is often reasonable to coordinate a narrow, well-defined personal property exchange at or near a closing in a partition-related buyout, because it…
Am I responsible for any part of the mortgage after I was taken off the loan but remain a co-owner? – North Carolina Short Answer In North Carolina, being “taken off the loan” usually means there is no personal duty to the lender for the mortgage payment. However, staying on the deed as a co-owner…
If paperwork is required, does the sibling who lived in the home need to be named as a respondent, and could that create problems? – North Carolina Short Answer In North Carolina, if a partition case gets filed, all co-owners (cotenants) must be joined and served as respondents—even if everyone agrees to sell. So if…