Can I recover my out-of-pocket cleanup expenses from the sale proceeds?: Clear steps to seek approval and reimbursement in a North Carolina partition by sale

Partition Action Q&A Series

Can I recover my out-of-pocket cleanup expenses from the sale proceeds? – North Carolina Short Answer Usually yes. In a North Carolina partition by sale, the Clerk of Superior Court may approve the commissioner’s reasonable, necessary out-of-pocket expenses (like cleanup) as costs of the sale. Those approved costs are paid from the sale proceeds before…

What steps are needed to finalize and distribute funds from a partition sale?: North Carolina

Partition Action Q&A Series

What steps are needed to finalize and distribute funds from a partition sale? – North Carolina Short Answer In North Carolina, after a commissioner’s partition sale closes, the commissioner files a report of sale, the upset-bid period runs, and the Clerk of Superior Court enters an order confirming the sale. Only after confirmation should the…

How can I petition the court for the commissioner’s fees after a partition sale closing?: Clear steps to get fees approved and paid from proceeds

Partition Action Q&A Series

How can I petition the court for the commissioner’s fees after a partition sale closing? – North Carolina Short Answer File a motion in the existing partition special proceeding before the Clerk of Superior Court asking to approve the commissioner’s compensation and reimburse reasonable sale expenses from the sale proceeds. Attach an itemized affidavit (time…

What effect does the deed’s undivided half interest clause have on my ability to recover unequal contributions?

Partition Action Q&A Series

What effect does the deed’s undivided half interest clause have on my ability to recover unequal contributions? – North Carolina Short Answer In North Carolina, a deed that states each co-owner holds an undivided 50% interest sets the ownership shares, but it does not bar you from seeking reimbursement for paying more than your share…

What options exist to stop or modify a pending order appointing a commissioner if it hasn’t been signed?

Partition Action Q&A Series

What options exist to stop or modify a pending order appointing a commissioner if it hasn’t been signed? – North Carolina Short Answer In a North Carolina partition special proceeding, you can ask the Clerk of Superior Court to pause, modify, or condition a not-yet-signed order appointing a commissioner. Common options include filing a written…