If my former partner buys out my interest, how is the buyout price determined? – North Carolina Short Answer In North Carolina, co-owners usually set a buyout price by starting with the home’s current fair market value (often via an independent appraisal), then applying credits and debits for things like taxes, insurance, necessary repairs, improvements,…
How do I start a partition action to end co-ownership of our former domestic partnership home? – North Carolina Short Answer In North Carolina, a partition case starts as a special proceeding before the Clerk of Superior Court in the county where the property sits. Any co-owner can file and must serve all other co-owners…
Can I get reimbursed for the renovation labor and supplies I contributed under a partition action? – North Carolina Short Answer Under North Carolina partition law, a co-owner can usually receive credits for necessary carrying costs (like taxes and insurance) and for permanent improvements, but the credit for improvements is based on the value they…
What evidence do I need to prove I paid half of the property expenses in court? – North Carolina Short Answer In a North Carolina partition case, you prove contribution by showing clear, verifiable records that tie each payment to the property and to you. Bring tax bills and insurance declarations with matching canceled checks…
How can I force a sale of our jointly owned home when my former partner refuses to cooperate? – North Carolina Short Answer In North Carolina, any co-owner can start a partition case to force a division or sale of jointly owned real estate. The Clerk of Superior Court will order a sale if the…
What steps do I need to take to recover a fair share of proceeds from a disputed sale of co-owned land? – North Carolina Short Answer In North Carolina, a co-owner generally cannot sell more than their own undivided interest in land; a forged signature on a deed is void and conveys nothing. To secure…
Can I void a property sale if I suspect my relative forged another co-owner’s signature? – North Carolina Short Answer Yes. In North Carolina, a deed that includes a forged signature is a nullity as to that owner’s interest and can be set aside in Superior Court. A co-owner may also challenge a sale based…
How can I challenge a co-owner’s sale of land that was made without my consent? – North Carolina Short Answer In North Carolina, a co-owner (tenant in common) cannot sell the entire property without all co-owners signing; at most, they can convey only their own undivided interest. A forged signature makes a deed void, and…
What steps do I take to confirm the accurate boundaries before selling co-owned property? – North Carolina Short Answer In North Carolina partition cases, confirm the legal description before any court-ordered sale by fixing the record first. Move to amend the petition and proposed order to use the correct metes-and-bounds, obtain a survey and plat…
Can I switch from a partition action to a quiet title lawsuit if a deed discrepancy stalls the sale? – North Carolina Short Answer Yes. In North Carolina, if a partition sale is stalled by a disputed or defective legal description, you can either (1) amend the partition case and ask the Clerk to order…
