Can You File a Partition Action Against a Spouse After Separation But Before Divorce in North Carolina? Detailed Answer In North Carolina, the answer depends on how the deed is titled and whether the property is still considered marital property under the Equitable Distribution (ED) rules. Below is the plain-English breakdown: 1. Title Controls Your…
Can a Co-Owner Be Ordered to Vacate Shared Property Through a Partition Action in North Carolina? Detailed Answer North Carolina treats co-owners (also called “tenants in common”) as having an equal, undivided right to possess the whole property. Because of that right, one co-owner cannot usually force another co-owner out by simply asking the sheriff…
How to File a Petition to Partition and Force a Sale of Co-Owned Property in North Carolina Detailed Answer When co-owners of North Carolina real estate cannot agree on what to do with the property, any owner can start a partition proceeding. North Carolina’s updated Partition statute (N.C.G.S. Chapter 46A) lets you ask the clerk of…
Partition Hearings in North Carolina: Must You Show Up? Detailed Answer What Is a Partition Hearing? A partition hearing is the court date in which a judge decides how to divide jointly owned real estate—either in kind (physically dividing the land) or by ordering a sale and splitting the proceeds. The hearing occurs under North…
Initial Partition Hearing: Sale Orders and Appointment of a Commissioner in North Carolina Detailed Answer In a North Carolina partition proceeding, the initial hearing before the Clerk of Superior Court is the event that shifts the case from paperwork to action. At this hearing the clerk decides three core issues: Whether the petitioner is entitled…
How to Formally Disclaim an Inherited Interest in a Jointly-Owned Property in North Carolina Detailed Answer North Carolina allows an heir or devisee to refuse (“disclaim”) all or part of property that would otherwise pass to them. The governing law is the North Carolina Uniform Disclaimer of Property and Powers Act (N.C. Gen. Stat. §§…
How to Disclaim an Inheritance in North Carolina Detailed Answer If you do not want to accept property left to you by a will, trust, or North Carolina’s intestacy laws, the Uniform Disclaimer of Property Interests Act (N.C. Gen. Stat. Chapter 31C) lets you refuse it through a formal disclaimer. A timely, correct disclaimer treats you…
How a Surviving Spouse Can Transfer a Decedent’s Vehicle Title in North Carolina Detailed Answer Under N.C. Gen. Stat. § 28A-25-1, a surviving spouse may claim personal property — including a motor vehicle — by affidavit when: No personal representative has been appointed, and The total value of the personal property titled solely to the…
Removing a Deceased Owner’s Name From a North Carolina Vehicle Title Detailed Answer Under North Carolina law, the paperwork you need depends on whether a formal probate estate has been opened for the decedent. 1. When a Probate Estate Has Been Opened Original Certificate of Title – signed by the personal representative (PR) in the…
How to Determine Whether a Vehicle’s Value Qualifies for Inclusion in a North Carolina Spousal Allowance Detailed Answer 1. What is the spousal allowance? North Carolina grants a surviving spouse a one-time Year’s Allowance of up to $60,000 in personal property, protected from most estate creditors. See N.C.G.S. § 30-15 through § 30-20. The spouse…
