What steps can I take to improve marketability under a court-ordered partition sale? – North Carolina Short Answer In a North Carolina partition-by-sale, a court‑appointed commissioner markets and sells the property under the court’s supervision and the state’s judicial sales rules. You can improve marketability by asking the Clerk of Superior Court to set clear,…
What happens if a buyer defaults on monthly payments after a partition sale? – North Carolina Short Answer In North Carolina, a partition sale is a judicial sale overseen by the Clerk of Superior Court. If a court-approved sale is on credit (seller financing) and the buyer defaults before closing, the commissioner can seek forfeiture…
Who is authorized to sign the listing agreement when multiple owners or a POA is involved? – North Carolina Short Answer In a North Carolina partition special proceeding, once the Clerk of Superior Court appoints a commissioner and orders a sale, the commissioner—not the individual co-owners—signs the real estate listing agreement in the commissioner’s official…
What documents are needed to prove someone has power of attorney to sign a real estate listing? – North Carolina Short Answer In North Carolina, a person signing a listing agreement for a property owner must show an acknowledged (notarized) power of attorney that expressly grants authority over real property. If that agent will later…
How do I get a commissioner appointed to oversee the sale of co-owned property? – North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court in your partition case to order a sale and appoint a commissioner when a fair in-kind split is not practical and would harm an owner. If…
Does a co-owner have to attend the partition hearing or testify? – North Carolina Short Answer No. In North Carolina, a co-owner who has been properly served is not required to attend the partition hearing or testify. The Clerk of Superior Court can hold the hearing and rule based on the evidence presented. That said,…
What timeline can I set for a co-owner living on the property to vacate after a forced sale? – North Carolina Short Answer In North Carolina, a co-owner generally cannot be made to move out until after the partition sale is confirmed and title passes by the commissioner’s deed. The court can set a surrender…
Can I ask the court to skip mediation in a partition action? – North Carolina Short Answer Yes. In North Carolina partition cases handled by the Clerk of Superior Court, mediation is not automatic; the clerk may order it, but also may waive it for good cause. You can file a motion asking the clerk…
Can I sell the house if one co-owner refuses, or must I file a partition action? – North Carolina Short Answer In North Carolina, you cannot force a private sale of the whole property without every co-owner’s consent. Any co-owner may file a partition action with the Clerk of Superior Court to divide the property…
How can I ask my brother to buy my share of our inherited property in North Carolina? – North Carolina Short Answer In North Carolina, you can propose a private buyout at a fair price, or, if you cannot agree, file a partition proceeding with the Clerk of Superior Court in the county where the…