How do I properly initiate a quiet title action in superior court to clear my ownership? – North Carolina Short Answer In North Carolina, you start a quiet title case by filing a civil complaint in Superior Court in the county where the land sits, naming every person or lender claiming an interest, and asking…
What steps do I need to take to halt a partition sale initiated by a co-owner? – North Carolina Short Answer In North Carolina, you can halt a partition sale by promptly asking the Clerk of Superior Court to pause the sale and transfer the case to Superior Court if title is disputed, and by…
How can I challenge and remove a co-owner added to a deed through forgery? – North Carolina Short Answer In North Carolina, a forged deed is void and transfers no title. To remove a fraudulently added co-owner and stop a partition sale, promptly file a quiet title action in Superior Court, record a lis pendens,…
Can I recover carrying costs paid on the property and who must be named in that claim? – North Carolina Short Answer Yes. In North Carolina partition cases, a co-owner can seek contribution or a credit for necessary carrying costs—like property taxes, insurance, mortgage payments, and necessary repairs—paid to preserve the property. You typically assert…
What should I do to set up a new trust for my business investments if I can’t recover the old one? – North Carolina Short Answer In North Carolina, you can create a new trust now to manage your business investments, even if you cannot locate the old trust documents. At the same time, confirm…
What is the process and cost for filing a motion to recant a prior statement in family court? – North Carolina Short Answer North Carolina does not have a formal “motion to recant.” If a prior statement influenced a custody order, you typically file either (1) a motion to modify custody based on a substantial…
Can a teenager change their testimony regarding past abuse in a custody case? – North Carolina Short Answer Yes. In North Carolina custody cases, a teenager may recant a prior statement and testify differently later. The judge decides what weight to give the recantation, may allow in‑camera (in chambers) questioning, and applies the Rules of…
How do I confirm whether a building is held in the trust and retrieve the relevant deed information? – North Carolina Short Answer In North Carolina, ownership of a building is confirmed by the deed recorded with the County Register of Deeds where the property is located. Pull the most recent recorded deed; if the…
What steps are needed to challenge grandparent custody and seek a modification? – North Carolina Short Answer In North Carolina, you ask the District Court to change the existing custody order by filing a motion to modify. You must show a substantial change in circumstances since the last order that affects the child’s welfare, and…
How is the value of my share determined in a partition action? – North Carolina Short Answer In North Carolina, your share is based on your ownership percentage applied to the property’s value, adjusted for costs and any credits or charges between co-owners. If the Clerk of Superior Court orders a sale, the actual sale…
