How do I sue for my share of equity in a home bought during marriage? – North Carolina Short Answer In North Carolina, you generally file a partition proceeding to force a division or sale of jointly owned real estate. But you can only do that if you are an owner on title. If your…
How can I regain my right to live in a home I helped purchase after being evicted? – North Carolina Short Answer In North Carolina, you can regain lawful occupancy of a marital home either (1) by asking the District Court for temporary exclusive possession as part of a separation/equitable distribution case, or (2) by…
Can I force a sale of the property if my spouse refuses to add my name to the deed? – North Carolina Short Answer In North Carolina, you generally cannot force a partition sale unless you already own a legal interest in the property. If only your spouse’s name is on the deed, you must…
How can I sell my co-ownership interest to my parent in a pending partition action? – North Carolina Short Answer In North Carolina, you can resolve a pending partition case by asking the Clerk of Superior Court to approve a consent order in which your parent buys your interest. If you can’t reach agreement, the…
Will selling my interest affect my parent’s ability to continue living in the home? – North Carolina Short Answer Yes and no. In North Carolina, you may sell your undivided interest in a co-owned home without your parent’s consent, and that sale alone does not automatically remove your parent from the home. But the buyer…
What happens if we can’t agree on a price for selling my interest in the shared home? – North Carolina Short Answer In North Carolina, if co-owners can’t agree on a buyout price, either owner may file a partition proceeding with the Clerk of Superior Court in the county where the property sits. The clerk…
How can I exit co-ownership without requiring my parent to leave the home? – North Carolina Short Answer In North Carolina, any co-owner can file for partition to end co-ownership. To avoid displacing your parent, prioritize a voluntary buyout or a partition in kind that awards the residence to your parent with an equalizing payment…
What are my options if there isn’t enough equity to cover a full buyout? – North Carolina Short Answer In North Carolina, a co-owner can ask the Clerk of Superior Court for partition. If a full cash buyout isn’t workable because equity is thin, the common paths are: a structured buyout secured by a lien…
Can I force a partition sale if my parent can’t afford to buy me out? – North Carolina Short Answer In North Carolina, any co-owner can file a partition case with the Clerk of Superior Court. A court can order a sale only if physically dividing the property would substantially harm at least one owner,…
How do I challenge a claim under intestacy when no will was probated in North Carolina? – North Carolina Short Answer In North Carolina, real estate passes to the decedent’s heirs at death. To challenge a surviving spouse’s claim to an intestate share when no will was probated, file an estate proceeding with the Clerk…