Can court costs in a partition sale be deducted from the sale proceeds or do I need to pay them upfront? – North Carolina Short Answer In North Carolina, basic filing fees and some service or publication costs must typically be advanced to start the case, but most court-approved “costs of the proceeding” and sale…
How can I confirm who holds the original deed and what exhibits are needed for a partition action? – North Carolina Short Answer In North Carolina, the county Register of Deeds keeps the official recorded deed; the grantee may retain the paper original after recording. For a partition filing, a certified copy of the recorded…
What steps should I prepare for at the hearing if there’s no response? – North Carolina Short Answer In North Carolina partition cases, the Clerk of Superior Court will still hold a hearing even if a co-owner does not answer. There is no automatic default; the petitioner must prove co-ownership and entitlement to partition, and…
What happens if the co-owner fails to respond to the partition petition? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding before the Clerk of Superior Court. If a co-owner is properly served and does not answer by the deadline on the special proceeding summons (often 10 days), there…
Can I remodel and invest in a partially owned property without consent from all co-owners? – North Carolina Short Answer In North Carolina, a co-owner may make repairs or improvements without everyone’s consent, but does so at personal risk. One co-owner cannot bind the others to contracts, mortgages, or mechanic’s liens on the whole property.…
How can I transfer ownership of inherited property when the title remains in the decedent’s name? – North Carolina Short Answer In North Carolina, title to non-survivorship real estate passes at death to the heirs or to the will’s devisees, even if the public deed records still show the decedent’s name. To sell or retitle,…
Can I recover my funeral and estate expenses before distributing proceeds from a partition sale? – North Carolina Short Answer Yes, but it is not automatic. Under North Carolina law, funeral expenses and costs of administering the estate have priority and can be paid from a decedent’s share of real estate sale proceeds if the…
What steps do I need to take to regain access to a house that a co-owner improperly conveyed? – North Carolina Short Answer In North Carolina, a co-owner (tenant in common) cannot deed away anyone else’s share. A deed that purports to transfer the entire property without all owners’ signatures is effective only as to…
Is it possible to reverse an unauthorized property sale by another owner? – North Carolina Short Answer Yes. In North Carolina, a co-owner cannot unilaterally sell or deed away more than that co-owner’s own undivided share. A deed that overreaches is ineffective beyond the grantor’s interest, and a forged or fraudulently obtained deed can be…
Can a co-owner legally convert joint ownership into sole ownership without notifying the other owners? – North Carolina Short Answer No. In North Carolina, a co-owner of real estate (a tenant in common) can transfer only that person’s own undivided share unless every other co-owner consents or a court orders a partition. Recording a deed…