How can I force my ex to sign a quitclaim deed so I can refinance my VA loan? – North Carolina Short Answer In North Carolina, you generally cannot make an ex-spouse sign a deed. If the divorce did not award the home to either spouse, you both likely own it as tenants in common.…
Can I recover reimbursement for carrying costs I paid on the property before it is sold? – North Carolina Short Answer Yes. In a North Carolina partition case, a co-owner who paid necessary carrying costs (such as mortgage payments, property taxes, insurance, and essential repairs) can usually receive a credit or contribution before the net…
What steps do I need to assume the mortgage and buy out my co-owner’s share? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court in the partition case to allot the entire property to you and set a fair payment (called owelty) to your co-owner instead of forcing…
Can a quitclaim deed transfer my share if some heirs refuse to sign? – North Carolina Short Answer In North Carolina, you may use a quitclaim deed to transfer only your own undivided interest in inherited real estate without other heirs’ signatures. But a quitclaim deed cannot remove nonconsenting heirs from the title. To retitle…
How do I offset decades of property maintenance against an heir’s buyout in a partition? – North Carolina Short Answer In North Carolina, a cotenant who paid necessary carrying costs (like taxes, insurance, and essential repairs) can usually claim credits in a partition case. Those credits are applied when the court sets a buyout price…
Can my attorney’s fees for defending the partition be paid out of the sale proceeds? – North Carolina Short Answer In North Carolina partition cases, the Clerk of Superior Court may order reasonable attorney’s fees to be taxed as “costs” and paid from the sale proceeds, but only for work that provided a common benefit…
What are the advantages of negotiating a buyout settlement instead of proceeding with a court-ordered partition sale? – North Carolina Short Answer In North Carolina, a negotiated buyout lets co-owners control price, timing, and credits, often saving time and sale costs compared to a court-ordered sale with competitive bidding. It also avoids the uncertainty of…
Can I argue bad faith if the co-owner delays paying their share of mortgage and carrying costs? – North Carolina Short Answer Under North Carolina partition law, a co-owner’s late or missing payments are usually handled through an equitable accounting—credits and reimbursements for necessary expenses like mortgage interest, property taxes, insurance, and essential repairs. “Bad…
What does the commissioner-managed sale process involve and how do the bidding periods work? – North Carolina Short Answer In North Carolina partition cases, if the court orders a sale, the Clerk of Superior Court appoints a commissioner to market and sell the property under the judicial sale statutes. After the sale is reported to…
How do I protect my life estate interest when a partition suit is filed? – North Carolina Short Answer In North Carolina, a life tenant has a present right to possess the property that a remainderman cannot unilaterally cut off through partition. Respond in writing by the deadline on your summons, object to any sale…