What happens if the co-owner fails to pay the agreed cash sum within the specified timeframe? – North Carolina Short Answer In North Carolina, if a signed settlement requires payment by a set date and the co-owner does not pay, they are in breach. The court can enforce the agreement (including ordering payment or deed…
How can I help my mother prevent the partner’s children from forcing the beach condo to be sold? – North Carolina Short Answer In North Carolina, a tenant in common can ask the Clerk of Superior Court to partition co-owned real estate, which can end in a sale if the property cannot be fairly divided.…
Can a handwritten survivorship note on the deed change co-owners’ rights? – North Carolina Short Answer Usually no. In North Carolina, survivorship between co-owners exists only if the deed itself expressly says so. If a recorded deed lists the parties as tenants in common, a later handwritten note typically does not change title. When a…
How can my mother recover half of the down payment and mortgage payments she made? – North Carolina Short Answer In North Carolina, a co-owner can ask the Clerk of Superior Court in a partition case to credit her for money she paid that protected the common property, such as down payment, mortgage, taxes, insurance,…
How do we find out if probate has been opened and what impact it has on her rights to the property? – North Carolina Short Answer Call or visit the Estates Division of the Clerk of Superior Court in the county where the deceased partner lived to see if an estate file (an “E” file)…
What happens if the partner’s children file a partition action against her in North Carolina – North Carolina Short Answer In North Carolina, any co-owner can file a partition case with the Clerk of Superior Court to split jointly owned real estate. If a fair in-kind split is impractical (common with a single condo), the…
How can I confirm which tracts I actually have an ownership interest in when some deeds are missing? – North Carolina Short Answer In North Carolina, you confirm which tracts you own by proving your chain of title and, if records are incomplete, asking the court to declare and quiet your title before any partition.…
How can I force executors to consider a co-tenant buyout before listing inherited property? – North Carolina Short Answer In North Carolina, you generally cannot compel executors to accept a buyout, but you have tools to make them consider it. Title to the home vests in the heirs at death, and co-tenants can file a…
What authority do beneficiaries have versus executors in deciding to sell estate real estate? – North Carolina Short Answer In North Carolina, title to a decedent’s real estate passes to the heirs or devisees at death, but it remains subject to the personal representative’s limited power to take control and sell if needed to administer…
What steps do I take to file a partition action when executors won’t agree to a buyout? – North Carolina Short Answer In North Carolina, any co-owner of real estate (a tenant in common) may file a partition proceeding with the Clerk of Superior Court in the county where the land sits. The clerk first…
