Can I remove a surviving spouse’s name from title if they added it without proper authority? – North Carolina Short Answer In North Carolina, you cannot “remove” someone from title just because they added their name to tax records. Tax listings do not transfer ownership. If the spouse is a lawful heir to your sibling’s…
What legal steps let me recover the payments and improvements I made to inherited land? – North Carolina Short Answer In North Carolina, you can file a partition special proceeding in the Clerk of Superior Court to divide or sell the co-owned land and ask for an accounting so you receive credits for taxes, insurance,…
How do I serve legal process on other heirs I need to notify for a forced sale? – North Carolina Short Answer In North Carolina, a co-owner who files a partition (forced sale) must serve every co-heir with a Special Proceeding Summons and the petition under the state’s civil procedure rules. If you cannot locate…
What happens if we can’t locate all co-heirs when pursuing a partition sale? – North Carolina Short Answer In North Carolina, you must make diligent efforts to locate and serve every co-owner before a partition can proceed. If some co-heirs cannot be found after due diligence, the court allows service by publication and will appoint…
What are the court steps and timeline for dividing or selling this small property in North Carolina? Short Answer In North Carolina, a partition case starts with a petition filed in the Clerk of Superior Court in the county where the land sits. The clerk decides whether the land can be fairly split (partition in…
With no will or estate opened, how do I establish and protect my share of my parent’s property? – North Carolina Short Answer In North Carolina, real estate passes to the heirs at death, even if no estate is opened. If you and others co-own the land, you can file a partition proceeding with the…
Can a co-owner legally lock me out of a house that we both own? – North Carolina Short Answer No. In North Carolina, every co-owner (cotenant) has an equal right to possess and use the entire property. Changing the locks to exclude a co-owner can be an unlawful “ouster.” If a co-owner refuses access, you…
What is the process for partitioning and selling a co-owned home when the other owner won’t cooperate? – North Carolina Short Answer In North Carolina, any co-owner may file a partition proceeding with the Clerk of Superior Court in the county where the property sits. If the property cannot be fairly divided, the court can…
How do I protect my ownership rights if my co-owner denies me entry? – North Carolina Short Answer In North Carolina, each co-owner (tenant in common) has an equal right to possess the entire property. A lockout by one co-owner can be an “ouster,” and you can ask a court for an order restoring access…
How can I legally regain access to a co-owned house after my sibling changed the locks? – North Carolina Short Answer In North Carolina, each co-owner (tenant in common) has an equal right to possess the whole property. A co-owner cannot lawfully lock you out; if they do, you can ask a court to order…