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Can one co-owner's creditor force a sale during partition? | NC

Pierce Law Group

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Q: Can one co-owner's creditors or foreclosure action force a sale if the property is already tied up in a partition case? A: Yes — but usually only as to that co-owner's interest. A creditor or foreclosure tied to one owner's debt can often still move forward even while the partition case is pending. That does not automatically let them take or sell the other owner's share. If the court has…

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