Partitions
At Kanwisher Law, we value providing legal representation for individuals facing property disputes in North Carolina, particularly regarding partition actions. If you are involved in a dispute over jointly owned real estate and need assistance with the legal process of dividing property, we are here to guide you through every step of the partition process.
A partition action is a legal procedure used to divide jointly owned property among co-owners. In North Carolina, partition actions are common in situations where multiple parties own property together, and disagreements arise about how to manage or distribute that property. This can include real estate inherited by family members, properties owned by business partners, or co-ownership arrangements that no longer work for one or more parties.
We start by understanding the unique facts of your case. Whether you are the one seeking a partition or responding to a partition action, we provide an in-depth consultation to evaluate your legal options. We recognize that property disputes can be stressful and emotionally charged, especially when they involve family or business partners. Our approach is client-centered, and we strive to provide clear, compassionate advice throughout the process. We will also ensure that you understand your rights and obligations as a co-owner, including whether partitioning the property is the most appropriate solution.
If you and the other co-owners cannot agree on how to divide the property, we can file a partition action on your behalf. This involves submitting the proper legal documents to the court to initiate the legal process and notifying all parties. Whenever possible, we encourage negotiation or alternative dispute resolution methods like mediation to reach a fair settlement outside of court. We recommend this because it is more likely to result in all the co-owners getting more in proceeds. The legal process and eventual partition can cost thousands of dollars. However, if an agreement can't be reached, we will take the case to court for resolution.
If a partition case proceeds to court, we will represent you throughout the litigation process, including presenting evidence, arguing your case, and ensuring that your interests are properly represented before the court. We will argue which type of partition should occur - a partition in kind or partition by sale, but ultimately the court will decide which route to take.
The two partitions explained:
- Partition in Kind: If the property is divisible and can be fairly divided among the owners, we will advocate for a partition in kind. This option often works best when the property has clear boundaries or can be divided in a way that ensures each party receives an equitable share. This does not mean the portions will be equal in size but will be equal in value.
- Partition by Sale:In cases where the property cannot be reasonably divided, we pursue a partition by sale. A neutral attorney will be appointed as commissioner to sell the property, but we will continue to guide you through the process, and ensure the proceeds are distributed fairly.
In addition, North Carolina law allows a co-owner to recoup certain costs spent on property expenses. You should be prepared to provide receipts for money spent, and we will prepare the document that will need to be filed.
Once the court orders the partition, the commissioner will take charge, and the co-owners will no longer have a say in what happens with the property. We will continue to represent you through the partition being finalized and the proceeds being distributed.
Get Started with Your Partition Action Today
If you are facing a property dispute in North Carolina and need assistance with a partition action, we are here to help. Contact Kanwisher Law today for a consultation. With the experience we have, we will provide the legal support you need to navigate this process and achieve a fair outcome.Contact Us
Frequently Asked Questions
What are surplus funds, and how do they arise?
Surplus funds are the excess proceeds left over after a property is sold at a foreclosure, tax lien, or other property auction to satisfy outstanding debts or liens. If the property is sold for more than the amount owed, the extra money is called surplus funds, and the former property owner may be entitled to claim them.
Am I entitled to surplus funds if my property was foreclosed on?
In many cases, yes. If your property was sold at a foreclosure auction and the sale price exceeded the amount owed on the mortgage or other liens, you may be entitled to the surplus funds. The specific eligibility depends on the sale details, the debts involved, and local laws.
How do I claim surplus funds from a foreclosure sale?
To claim surplus funds, you must file a legal claim with the court that handled the foreclosure sale. The process involves submitting the proper paperwork and demonstrating that you are entitled to the funds. We can assist with this process to ensure all documents are completed accurately and filed on time.
What happens if multiple parties claim the surplus funds?
If multiple individuals or entities claim the surplus funds (e.g., lienholders or other creditors), the court will resolve the dispute. In some cases, a lienholder may have a superior claim to the funds. We can help you navigate these complexities and ensure your rights are protected.
How long does it take to recover surplus funds after a property sale?
The timeline for recovering surplus funds can vary depending on the complexity of the case, the court's schedule, and any potential disputes. However, with proper legal representation, the process could be expedited.