How can I clear title issues on inherited property after co-owners signed over their shares? – North Carolina Short Answer In North Carolina, once co-owners deed their interests to you, you generally do not need a partition. To prevent future challenges from old claims or unknown heirs, owners typically file a civil action in Superior…
Do I need to file a quiet title action if all siblings transferred their interests to me? – North Carolina Short Answer Not always. In North Carolina, if you received valid deeds from all co-owners, you generally hold full title and do not have to sue unless there is a real cloud on title or…
What should I include in an indemnification clause to protect against future tax liabilities when dissolving the partnership? – North Carolina Short Answer In North Carolina, an effective tax indemnification clause in a partnership buyout should clearly define the taxes covered, the time periods they relate to, who pays and defends any tax claim, and…
How much time can I request to move out after agreeing to a property buyout in mediation? – North Carolina Short Answer North Carolina law does not set a fixed move-out period after a partition buyout. The timeline is a negotiated term that should be written into a consent order or settlement agreement approved by…
What can I do if my co-owner doesn’t provide necessary rental income records before mediation? – North Carolina Short Answer In North Carolina partition cases, you can ask the Clerk of Superior Court to order pre-mediation document exchange and authorize subpoenas for bank, management, and tax records. If your co-owner still withholds records, you can…
How can I ensure my share of rental income and unpaid distributions are included in the buyout amount? – North Carolina Short Answer In North Carolina, you secure your share by demanding a full accounting before or at mediation and building a line‑item buyout formula that nets rental income owed to you against agreed credits…
What steps should I take if the opposing counsel disagrees with my attorney’s math? – North Carolina Short Answer In a North Carolina partition case, sale proceeds are not released until the Clerk of Superior Court signs a distribution order. If opposing counsel disputes your attorney’s numbers, exchange an itemized proposed distribution with backup (receipts,…
How can I ensure my share of sale proceeds in a partition action is calculated correctly? – North Carolina Short Answer In North Carolina, partition sale proceeds are distributed by court order after paying sale costs, court-approved commissions and fees, any valid liens, and after accounting for credits and charges among co-owners. To protect your…
How can I refinance our co-owned house to pay estate creditors and avoid probate on that property? – North Carolina Short Answer In North Carolina, you may refinance or mortgage co-owned estate real estate to raise cash for creditors without having to sell it, but you must follow specific rules. If the property passed to…
What steps do I need to take to remove a co-owner from a property title when refinancing? – North Carolina Short Answer In North Carolina, you cannot unilaterally remove a co-owner from title. You either (1) get the co-owner to sign a deed conveying their interest to you at refinance closing, or (2) ask the…