Do we have to wait until after closing to ask the court to approve commissions and sale-related expenses? – North Carolina Short Answer Not always. In a North Carolina partition sale, the court (usually the Clerk of Superior Court) can schedule a hearing and address commissions and sale-related expenses, but many of those amounts are…
What documents should I provide to prove mortgage and utility payments when I’m asking for reimbursement in a co-owner sale? – North Carolina Short Answer In a North Carolina partition (co-owner sale) case, reimbursement requests usually rise or fall on clear, dated proof that (1) the expense qualifies as a reimbursable “carrying cost” or similar…
What is a notice of hearing for if the property sale hasn’t closed yet? – North Carolina Short Answer In a North Carolina court-ordered sale (including many partition-by-sale cases), a “notice of hearing” can be used to calendar the court’s next required step even if the closing has not happened yet. Most commonly, it sets…
Do I have to give the other owner itemized repair estimates before we can finalize an agreement to sell? – North Carolina Short Answer No. North Carolina partition law does not require one co-owner to provide itemized repair estimates as a condition to reaching (and signing) an agreement to sell a jointly owned house. That…
What happens if HOA dues aren’t paid while a partition case is pending, and can the HOA foreclose on the property? – North Carolina Short Answer In North Carolina, HOA dues usually keep accruing during a pending partition case, and the HOA can typically record a lien for unpaid assessments and may be able to…
Can I substitute the correct family members for someone who was wrongly added to the petition, and what paperwork is needed? – North Carolina Short Answer Yes. In a North Carolina partition case, the court can usually correct the party list by dropping someone who was mistakenly named and adding the correct co-owners (often heirs)…
What happens if the other owner claims I locked them out or changed the locks on a jointly owned property? – North Carolina Short Answer In North Carolina, each co-owner generally has the right to enter and use jointly owned property, so a lock change that blocks the other owner can be treated as an…
What can be done if someone vacates the property but leaves personal belongings that delay the sale? – North Carolina Short Answer In North Carolina, when a court-ordered partition sale is being delayed because a former occupant left personal belongings behind, the usual fix is to ask the clerk of superior court (or the commissioner…
What can I do if my personal belongings are still inside an inherited home that a co-owner is renting to someone else? – North Carolina Short Answer In North Carolina, a co-owner generally has the right to enter and use co-owned property, but that right must be handled carefully when a third-party tenant is living…
If the estate is already closed, can I still take legal action to resolve co-ownership of the inherited property? – North Carolina Short Answer Yes. In North Carolina, once heirs take title as co-owners (often as tenants in common), a closed estate usually does not prevent a co-owner from filing a partition case in Superior…
