Can I file a partition action for a personal property asset like a vehicle in North Carolina? Short Answer Not for a car. In North Carolina, partition actions under Chapter 46A are designed for real property, not personal property like vehicles. If co-owners of a car disagree, the usual route is a civil action (for…
Will I still be liable for penalties from the motor vehicle agency after transferring or selling the vehicle? – North Carolina Short Answer Yes. In North Carolina, civil penalties for an insurance lapse or revoked registration follow the person who was the registered/titled owner when the violation occurred. Transferring or selling the car later—even by…
What should I do if title issues prevent me from completing a sale? – North Carolina Short Answer In North Carolina, start with a full title search to identify breaks in the chain of title and missing owners, then cure defects using corrective deeds or court orders. If co-owners cannot or will not sign, file…
What steps do I need to take to get a title search and resolve defects before selling? – North Carolina Short Answer In North Carolina, start with a full title search by a North Carolina real estate attorney or title company, then cure the specific defects the search finds. For heir property, you typically must…
How do I confirm legal ownership when multiple heirs are involved in a property? – North Carolina Short Answer In North Carolina, title to non-survivorship real estate passes to the heirs or devisees at death. To confirm ownership when several heirs are involved, you identify all current owners, resolve any unknown or missing heirs through…
Can I sell a property if I only hold title through a quitclaim deed for heir property? – North Carolina Short Answer In North Carolina, a quitclaim deed only transfers whatever interest the grantor owned. You may sell your undivided interest, but you cannot pass full, marketable title to the entire property unless all co-owners…
How can I clear title issues on heir property held by a quitclaim deed? – North Carolina Short Answer In North Carolina, a quitclaim deed only transfers whatever interest the grantor had, so heir property often remains co-owned with other heirs. To clear title, confirm the heirs and chain of title, record curative documents, and…
What can I do if my co-owner disagrees with the fee allocation or fund distribution? – North Carolina Short Answer In North Carolina partition sales, the Clerk of Superior Court decides how sale expenses (like the commissioner and broker fees) and net proceeds are allocated. If a co-owner disagrees, either side may file a written…
How are sale proceeds allocated after a forced sale? – North Carolina Short Answer In a North Carolina partition-by-sale, the court pays sale expenses and court costs first, then satisfies any valid taxes and recorded liens. The remaining net proceeds are divided among co-owners by their fractional shares, with adjustments (credits and charges) for things…
How can I compel co-heirs to transfer their interests in the inherited property to me? – North Carolina Short Answer In North Carolina, you generally cannot force co-heirs to deed their shares to you. Your options are: (1) negotiate voluntary deeds from the other heirs, or (2) file a partition proceeding with the Clerk of…
