Can I stop a co-owner from forcing the sale of the property through a partition action? – North Carolina Short Answer In North Carolina, a co-owner usually cannot be permanently blocked from seeking partition, but a forced sale is not automatic. The court must consider whether the property can be fairly divided (a “partition in…
Can I get reimbursed for improvements I paid for if the property is sold through a partition case? – North Carolina Short Answer Yes—often, but not automatically. In a North Carolina partition case that ends in a sale, a co-owner can ask the court for a contribution/credit for improvements, generally limited to the lesser of…
Can co-owners get credit or reimbursement for repairs and upkeep we paid for before the property is divided or bought out? – North Carolina Short Answer Yes—North Carolina law can allow a co-owner to receive reimbursement (often called “contribution” or a “credit”) for certain expenses paid to preserve or improve co-owned property before a partition…
If there are multiple properties listed in the petition, can the court order some to be sold and others to be divided differently? – North Carolina Short Answer Yes. In a North Carolina partition case, the court can use different methods for different parts of the property described in the petition. That can include dividing…
Do I need every co-owner’s signature to list the property for sale with a real estate agent? – North Carolina Short Answer Usually, yes. In North Carolina, one co-owner typically cannot sign a listing agreement that binds the other co-owners unless the others authorized it or later ratify it. If some heirs refuse to cooperate…
What happens if someone misses the deadline to respond in a partition lawsuit or to the opposing attorney? – North Carolina Short Answer In a North Carolina partition case, missing the court deadline to file an answer can allow the other side to ask the Clerk of Superior Court to move the case forward without…
What can I do if I think part of the property was sold for unpaid property taxes while the partition case is still pending? – North Carolina Short Answer In North Carolina, a tax foreclosure can move forward even if a partition case is pending, and it can change who owns the property (or part…
Can a person be removed from a partition case if they no longer have any interest in the property because of a divorce or other change in ownership? – North Carolina Short Answer Yes—under North Carolina procedure, a person who truly no longer has any ownership (or other legally affected) interest in the property can…
Can a co-owner use guardianship or executor authority to keep me out of an inherited house after the parent has passed away? – North Carolina Short Answer Usually no. In North Carolina, once heirs or devisees become co-owners, each co-owner generally has an equal right to enter, occupy, and use the property, and one co-owner…
How can I stop or postpone a partition hearing if we both agree to sell the house? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding usually handled by the Clerk of Superior Court, and a scheduled hearing generally will not “auto-cancel” just because both co-owners say they want…
