How does mediation or a court decide on a fair division when one co-owner lived in the property for years? – North Carolina Short Answer In North Carolina, a mediator or the court starts with each co-owner’s title share, then adjusts for “accounting” items. The occupying co-owner can receive credits for necessary carrying costs (taxes,…
What steps do I need to take to file a partition action for inherited property co-owned with my spouse and sibling? – North Carolina Short Answer In North Carolina, any co-owner may file a special proceeding for partition in the county where the land sits. You ask the Clerk of Superior Court to either divide…
How can I block disbursement of sale proceeds until our inheritance dispute is settled? – North Carolina Short Answer In North Carolina, you can keep sale proceeds from being paid out by filing a partition action (or related civil action) and asking the court to require the funds be deposited with the Clerk of Superior…
Can I place a lien or require escrow on sale funds pending a fair split of property proceeds? – North Carolina Short Answer In North Carolina, you generally cannot unilaterally place a lien on sale proceeds, but you can secure the funds through the court. File a partition action and ask the Clerk of Superior…
How do I decide between a survey and a quiet title action to resolve a title discrepancy? – North Carolina Short Answer In North Carolina, use a licensed land survey when the problem is about where the lines are on the ground. Use a quiet title lawsuit when the problem is who owns the land…
What happens if a survey doesn’t confirm true property boundaries—do I still need a quiet title action? – North Carolina Short Answer In North Carolina, a survey is evidence—it does not, by itself, fix title problems or legally set a boundary. If the dispute is only about where the line sits between two known tracts,…
What steps are involved in filing a quiet title action to clear a cloud on my property title? – North Carolina Short Answer In North Carolina, you file a civil quiet title lawsuit in Superior Court in the county where the land lies, name everyone who might claim an interest, and ask the court to…
Can co-owners share the cost of a quiet title lawsuit, and how is fee allocation handled? – North Carolina Short Answer Yes. Co-owners may agree to split costs of a North Carolina quiet title case by contract (often in proportion to ownership). By default, each party pays their own attorney’s fees because North Carolina follows…
How do I transfer or clear title to foreign property after U.S. probate is closed? – North Carolina Short Answer In North Carolina, you typically reopen the estate and have the Clerk of Superior Court appoint or reappoint a personal representative to act for the limited purpose of handling the newly discovered asset. If the…
How can I reopen a closed probate estate to appoint my sibling as executor? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to reopen a closed estate when new property is found or a necessary act remains undone. File a petition to reopen in the original estate…
