Do I have to give tenants a certain notice before selling a rental property we co-own? – North Carolina Short Answer In North Carolina, you do not have to give tenants advance notice just to sell a co-owned rental. The lease stays in place and the buyer steps into the landlord’s shoes. If you want…
How do I obtain a title search and valuation to support my partition petition? – North Carolina Short Answer In North Carolina, you should gather two things before filing a partition petition: (1) a title search showing current owners and all recorded liens, and (2) a reliable valuation (usually a licensed appraisal). The title search…
Can I challenge excluding the third parcel from the sale if its title origin is unclear? – North Carolina Short Answer Yes, but you must show that the third parcel is co-owned with the others or that you have a valid claim to it. In North Carolina, partition is handled by the Clerk of Superior…
How can I prove that the back house qualifies for adverse possession so it can be included in our partition sale? – North Carolina Short Answer In North Carolina, you must show that someone possessed the back house openly, notoriously, exclusively, continuously, and hostilely to the true owner—either for 20 years, or for 7 years…
Can I recover the equity I was verbally promised in my divorce if there’s no written agreement? – North Carolina Short Answer In North Carolina, an oral promise to transfer an interest in real estate is typically unenforceable under the Statute of Frauds, so you generally cannot enforce a verbal equity buyout. But if you…
How do I defend against a protective order claim during a partition proceeding? – North Carolina Short Answer In North Carolina, a protective order (50B or 50C) can run at the same time as a partition case before the Clerk of Superior Court. If an ex parte order issues, follow it strictly and prepare for…
What happens to my unequal down payment and carrying costs in a partition action? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to credit you in a partition case for a larger down payment and for proven carrying costs (like taxes, insurance, and mortgage principal) you paid.…
Can I stay living in the home until it’s sold under a court partition order? – North Carolina Short Answer Usually yes, but it is not automatic. In a North Carolina partition case, a co-owner who lives in the property can often remain until the court approves the sale and the buyer is entitled to…
How can I protect my financial contributions when a co-owner forces a partition sale? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to account for and credit your documented contributions (like down payment, mortgage, taxes, insurance, and necessary repairs) before net sale proceeds are divided in a…
How does adverse possession affect my right to claim part of the family land not listed in the deed? – North Carolina Short Answer In North Carolina, you can claim land by adverse possession if you prove actual, open, continuous, exclusive, and hostile possession for the required time (typically 20 years, or 7 years with…
