How can I remove a quitclaim deed that was recorded without proper authority so we can list the house for sale? – North Carolina Short Answer In North Carolina, a quitclaim deed that was signed or recorded without proper authority usually gets cleared by filing a lawsuit to determine the true ownership and remove the…
Can I buy out the other co-owner instead of selling, and how is the price set? – North Carolina Short Answer In North Carolina, co-owners often can avoid a forced sale in a partition case by reaching an agreement where one co-owner buys the other out. If there is no agreement, North Carolina’s partition statutes…
How do you serve someone who is avoiding contact, and what are my options if we can’t find them? – North Carolina Short Answer In North Carolina, a partition case normally starts with service of process (formal delivery of the summons and petition/complaint) using the methods allowed by Rule 4, such as sheriff service, certified…
Does an executor have to sell a house during probate, and when would a court require a sale to cover debts? – North Carolina Short Answer In North Carolina, an executor does not automatically have to sell the decedent’s house during probate. A sale becomes more likely when the estate does not have enough cash…
What steps and documents are needed to transfer the other owner’s interest with a quitclaim deed held by the closing attorney while my refinance is processed? – North Carolina Short Answer In North Carolina, transferring a co-owner’s interest with a quitclaim deed during a refinance usually means: (1) the co-owner signs a properly notarized quitclaim…
How is a guardian ad litem appointed, and what happens after the court signs the order? – North Carolina Short Answer In a North Carolina partition case, the court appoints a guardian ad litem (GAL) when a required party cannot be identified or located after due diligence, or when a party is a minor or…
Do I need to open probate or clear title before selling inherited land that has no liens but is still co-owned? – North Carolina Short Answer Usually, yes—some form of “title cleanup” is needed before a normal sale can close in North Carolina when inherited land is still owned by multiple heirs and not everyone…
Do I have any rights to the specific homesite where my manufactured home sits if the land title is jointly owned? – North Carolina Short Answer In North Carolina, joint owners (cotenants) generally each have the right to enter, occupy, and use the whole property, but that does not automatically create a legal right to…
Can the property taxes and upkeep I’ve paid be credited toward any buyout amount or settlement? – North Carolina Short Answer Often, yes. In North Carolina, when family members co-own a home, a co-owner who pays necessary carrying costs like property taxes (and sometimes insurance or necessary repairs) can usually ask for an “accounting” so…
How can I get a copy of the receipt or closing statement from a court-ordered home sale? – North Carolina Short Answer In a North Carolina partition action, the receipt or closing statement from a court-ordered home sale is usually found in the special proceeding file as the commissioner’s report, final report, or accounting filed…
