Can I stay living in the home until it’s sold under a court partition order? – North Carolina Short Answer Usually yes, but it is not automatic. In a North Carolina partition case, a co-owner who lives in the property can often remain until the court approves the sale and the buyer is entitled to…
How can I protect my financial contributions when a co-owner forces a partition sale? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to account for and credit your documented contributions (like down payment, mortgage, taxes, insurance, and necessary repairs) before net sale proceeds are divided in a…
How does adverse possession affect my right to claim part of the family land not listed in the deed? – North Carolina Short Answer In North Carolina, you can claim land by adverse possession if you prove actual, open, continuous, exclusive, and hostile possession for the required time (typically 20 years, or 7 years with…
How can I confirm whether the second parcel not described in the deed actually belongs to our estate? – North Carolina Short Answer In North Carolina, you confirm ownership by proving a clear chain of title and, if needed, asking the court to decide title before the land can be partitioned. Start with a certified…
What steps do I take to file a partition petition for co-owned inherited property? – North Carolina Short Answer In North Carolina, you start a partition as a special proceeding before the Clerk of Superior Court in the county where the land is located. You file a verified petition naming all co-owners and required parties,…
Do I need to appoint a guardian ad litem for a minor heir when filing a partition petition? – North Carolina Short Answer Yes. In a North Carolina partition special proceeding, a minor co-owner cannot appear on their own. The Clerk of Superior Court will require that the minor be represented—either by an existing court‑appointed…
How do I contest a partition sale if I suspect insider filings or procedural irregularities? – North Carolina Short Answer In North Carolina, you can challenge a partition sale by promptly objecting to the commissioner’s report of sale, asking the Clerk of Superior Court to deny confirmation and order a resale, or filing an upset…
Will holding the property in an LLC complicate my rights or closing in a partition action? – North Carolina Short Answer In North Carolina, moving your co-owned interest into an LLC does not stop a partition case or prevent closing. The court continues the case against the current title holder, and the LLC can be…
How can I protect my share when family members file a partition lawsuit on inherited mountain property? – North Carolina Short Answer In North Carolina, a co-owner can protect their share in a partition case by promptly appearing in the case, ensuring all record owners (including any LLC or trustee holding title) are joined, and…
Can I bid on my own property in an upset bid sale under partition rules? – North Carolina Short Answer Yes. In North Carolina, a co-owner may bid at a partition sale and may file an upset bid, so long as they are not the court-appointed commissioner or another fiduciary running the sale. You must…