If someone else (like a relative) paid certain property bills, can the co-owner still demand reimbursement from the sale proceeds? – North Carolina Short Answer Sometimes. In a North Carolina partition (including a partition sale), a co-owner can ask the court to credit certain “carrying costs” and other protected payments against the sale proceeds, but…
What happens if the deceased co‑owner passed within the standard creditor claim period and there is no personal representative to sign closing documents? – North Carolina Short Answer In a North Carolina partition sale, the closing usually does not depend on a deceased co-owner’s heirs signing a deed. Instead, after the clerk of superior court…
How long after the sale will I receive my share, and what documents will I need to sign? – North Carolina Short Answer In a North Carolina partition-by-sale case, a cotenant usually receives a distribution only after the sale is confirmed, the confirmation becomes final, the buyer closes, and the court (often through the Clerk…
What happens to a deceased siblings share if they died without a willdoes the surviving spouse or the children inherit it? – North Carolina Short Answer In North Carolina, when a sibling who owned an inherited share of real estate dies without a will, that siblings surviving spouse and children generally split the siblings share…
How can I get sole ownership of a family home that passed to multiple heirs when I’m the one living there and paying the taxes? – North Carolina Short Answer In North Carolina, the most common way to get sole ownership of an “heirs’ property” home is to collect deeds from the other heirs so…
How can I remove a quitclaim deed that was recorded without proper authority so we can list the house for sale? – North Carolina Short Answer In North Carolina, a quitclaim deed that was signed or recorded without proper authority usually gets cleared by filing a lawsuit to determine the true ownership and remove the…
Can I buy out the other co-owner instead of selling, and how is the price set? – North Carolina Short Answer In North Carolina, co-owners often can avoid a forced sale in a partition case by reaching an agreement where one co-owner buys the other out. If there is no agreement, North Carolina’s partition statutes…
How do you serve someone who is avoiding contact, and what are my options if we can’t find them? – North Carolina Short Answer In North Carolina, a partition case normally starts with service of process (formal delivery of the summons and petition/complaint) using the methods allowed by Rule 4, such as sheriff service, certified…
Does an executor have to sell a house during probate, and when would a court require a sale to cover debts? – North Carolina Short Answer In North Carolina, an executor does not automatically have to sell the decedent’s house during probate. A sale becomes more likely when the estate does not have enough cash…
What steps and documents are needed to transfer the other owner’s interest with a quitclaim deed held by the closing attorney while my refinance is processed? – North Carolina Short Answer In North Carolina, transferring a co-owner’s interest with a quitclaim deed during a refinance usually means: (1) the co-owner signs a properly notarized quitclaim…