What is the court process to clear or fix a deed problem when a missing owner has a small percentage interest? – North Carolina Short Answer In North Carolina, a deed problem involving a missing co-owner is usually fixed through a Superior Court case that either (1) determines and “quiets” title, or (2) partitions the…
How can a home sale move forward if the deed shows a co-owner who can’t be found? – North Carolina Short Answer In North Carolina, a home sale usually cannot close with clean, insurable title if the deed shows a co-owner who will not sign and cannot be located. The practical ways to move the…
If I sign a deed giving my share of the inherited property to my sibling, does that automatically remove me from any mortgage responsibility? – North Carolina Short Answer No. In North Carolina, signing a deed can transfer ownership of inherited real estate, but it usually does not remove a person from responsibility on the…
How do we transfer an inherited house and adjacent land to one sibling if everyone agrees and no one wants a buyout? – North Carolina Short Answer In North Carolina, the usual way to transfer inherited real estate to one sibling (when all heirs agree and no money changes hands) is for the other heirs…
Can we still do a disclaimer of inheritance if the deadline has passed or the estate has already been handled, or do we have to treat it as a gift transfer? – North Carolina Short Answer In North Carolina, a beneficiary can still sign and file a renunciation (often called a “disclaimer”), but missing the…
How do I find the legal description for a tract of land if it doesn’t have a street address? – North Carolina Short Answer In North Carolina, a tract of land can be identified without a street address by locating its recorded deed and any recorded plat (map) referenced in that deed. The legal description…
How can I confirm who owns a tract of land when there’s no listed address? – North Carolina Short Answer In North Carolina, ownership is usually confirmed by matching the county tax parcel record (often found through the county GIS map) to the most recent recorded deed in the county Register of Deeds. When a…
What happens if some of the people who would need to sign are dead or I cannot locate them? – North Carolina Short Answer In North Carolina, missing or deceased co-owners do not automatically stop a title fix, but they usually prevent a clean, voluntary “everyone-signs” solution. The typical next step is a court proceeding…
What kind of records do I need to prove I wasn’t mentally capable when the property was transferred? – North Carolina Short Answer In North Carolina, the most helpful records are the ones that show mental capacity (or lack of capacity) at the time the deed was signed and delivered. That usually means medical and…
Can I challenge a deed transfer if I didn’t understand what I was signing because of mental-health issues or medication? – North Carolina Short Answer Yes—under North Carolina law, a deed can sometimes be challenged if the person who signed it lacked the mental capacity to understand what they were signing, or if the transfer…
