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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: If 2 people live in the same house and are both equal owners of the house, can one of them cut off sections of the house

If 2 people live in the same house and are both equal owners of the house, can one of them cut off sections of the house so the other cant access that part of the house?

T. Augustus Claus
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answered on Feb 1, 2024

In North Carolina, if two individuals co-own a house as equal owners, typically neither party has the unilateral right to restrict access to specific sections of the property without the consent of the other owner. Co-ownership typically entails both parties sharing equal rights to access and use... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: If u and ur sister inherite a house she living in it I'm not can I move in it or can I make her leave it's her and 3 kid

It's her and her oldest kids that think everything is theirs

Nina Whitehurst
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answered on Jan 28, 2024

If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Why would my stepsister send me and my siblings a personal property exemption form ....keep all his personal stuff

My father passed in 2021& his wife last year . My siblings and I Were not even notified of my father's passing until he was buried and gone even his brother wasn't notified.im afraid she is up to something

Ethan A. Trice
Ethan A. Trice
answered on Jan 31, 2024

There are a couple forms she could be trying to get you to sign. It sounds like she's trying to get you to waive your inheritance rights. If your father's wife never adopted you and never made a will, realistically the stepsister gets her property. Why she's trying to get you to... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: House for mother prior to her dad I had lots of survivorship does a lifetime trust deed still apply after her death or d

The last time the trust was to my sister but I had so I had rights to survivorship when she passed does her lifetime trust still stand

Anthony M. Avery
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answered on Jan 26, 2024

Your question makes no sense.. You will need to either resubmit it or consult with a NC attorney. A title search will be in order.

1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Is it illegal for my neighbor to use my mailing address to recieve mail from the tax administration?

I was recently sent mail from my county's tax administration in North Carolina which had the names from my neighbor's that lived across the street. I never gave them permission to use my mailing address.

James L. Arrasmith
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answered on Jan 23, 2024

Yes, it is generally illegal for someone to use another person's mailing address to receive mail from the tax administration or other entities without their consent. A few key points on this issue:

- Federal law prohibits falsely representing one's identity or address in matters...
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1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: Can a county tax office go back and backdate taxes 3 years later? There was a senior citizens exemption on the account,

Can a county tax office go back and backdate taxes 3 years later? There was a senior citizens exemption on the account, she passed at the end of 2020. they were informed. They wait until 2023 to go back and remove the exemption causing taxes to double.

James L. Arrasmith
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answered on Jan 22, 2024

In North Carolina, county tax offices have the authority to reassess property tax exemptions and make adjustments, even retroactively, if they determine that the conditions for the exemption no longer apply. In the case you described, where a senior citizen's exemption was in place and the... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Municipal Law for North Carolina on
Q: If I buy a house on 6 acres can I add other properties on the land and rent them out?

I'm selling my house in AZ and plan on moving to North Carolina, within an hour drive of Charlotte. If I buy a house on 6 acres can I build other houses on the land and rent them out?

T. Augustus Claus
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answered on Jan 12, 2024

The ability to add additional properties on a 6-acre parcel and rent them out depends on the specific zoning regulations and land use restrictions imposed by the local jurisdiction in North Carolina. Zoning laws vary between municipalities, and they dictate how land can be used, including whether... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Final plat shows tennis courts.Foreclosure, then quitclaim transfer of Declarant rights.Is new Declarant liable to build

North Carolina Planned Community. Final plat is recorded with tennis courts (currently not built). There was a quitclaim transfer and assignment of Declarant rights (to several limited liability companies, around 7). Are new Declarants responsible/liable to build amenities recorded on initial... View More

Ben Corcoran
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Ben Corcoran
answered on Jan 10, 2024

Based solely on the plat, it is unlikely, but there may be other contracts that the business signed that would require it.

1 Answer | Asked in Real Estate Law and Estate Planning for North Carolina on
Q: Adding investment property to living trust

I am from CA and am investing in rental property in North Carolina. We have a living trust established few years back and to which our existing home was added. I was told to add any future property (in CA or out of state) to the trust. As I purchase this new property, is it better to assign the... View More

Anthony M. Avery
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answered on Jan 3, 2024

It is doubtful that the lender will take a deed of trust and note with only the trustee's name and signature. They will want the trustee to sign individually. And this is at closing. If transferred to the trust later, it might violate a due on sales clause, but will definitely still... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If your diecist sister had property in her name from her parents is her widow and children entitled to the land to sale

The widow or kids name are not mentioned in the deed by name. The widow has been living in the house on the property since sister passed. The deed doesn’t say a life estate was left to widow. There was no will either.

Anthony M. Avery
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answered on Dec 26, 2023

Obviously the deceased Sister's heirs at law will take as tenants in common.. Hire a competent NC attorney to determine heirship and possibly file an Affidavit of Heirship.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If your father does and you have a brother whom my father evicted over 2 years before he died off the land is he still e

Entitled to any of the land

Anthony M. Avery
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answered on Dec 26, 2023

The Father's heirs will still take unless there is a probated Will. Father's heirs will include all issue as tenants in common.

1 Answer | Asked in Real Estate Law and Municipal Law for North Carolina on
Q: If I'm buying property from the city, what can I require from them?

City is selling property, I'm buying. What are the limits on what I can ask for?

Ben Corcoran
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Ben Corcoran
answered on Dec 22, 2023

You can ask for anything but will all but certainly get nothing.

1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for North Carolina on
Q: In North Carolina can a nursing home come back and take a family members house at any point?How do we stop it?

Looking to buy my husbands grandmas house, she may eventually need to go into assisted living due to dementia

James L. Arrasmith
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answered on Dec 12, 2023

In North Carolina, a nursing home itself typically does not have the authority to "take" a family member's house. However, if your husband's grandmother eventually requires Medicaid to pay for her long-term care, there could be implications for her estate, including her house.... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can I get my name off a mortgage without refinancing?

My wife and I divorced 8 years ago and my name is still on the house mortgage that her and her husband of 5 years lives in. I gave her the house and have not lived there for 10 years.

Ben Corcoran
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Ben Corcoran
answered on Oct 30, 2023

Your divorce proceedings should have included an agreement for her to refinance the property, but they may not have. If they didn't you can request the bank remove you but they will likely refuse to do so.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Person owns a home, then gets married and the new spouse pays half the mortgage. Is that tenants in common or entirety?

A property owner owns a house in severalty prior to marriage. After marriage, the owner's new spouse moves into the house and pays half of the mortgage payment monthly. The ownership structure is now what?

Anthony M. Avery
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answered on Oct 27, 2023

Paying a secured debt does not gain title of the collateral. Hire a NC attorney to search the title and determine ownership.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: In NC, if someone owns their home, before getting married. After getting married, are they tenants in common or entire?

I wanted to know if a single person owns their own home and a year or two later, they meet someone and get married. Are they considered tenants in common or tenants by the entirety?

Ben Corcoran
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Ben Corcoran
answered on Oct 23, 2023

The person who owned the home prior to the marriage still is the sole owner, however, the spouse gains the right to claim a life estate on the house should the owner die.

1 Answer | Asked in Real Estate Law, Divorce and Family Law for North Carolina on
Q: Husband in North Carolina sold property in 2020 without my consent. He owned the property prior to marriage.

Prior to marriage I did not sign free trader agreement or prenuptial agreement. The sell of the house took place in 2020 was undisclosed to me during that time. We are now divorced as of April 2023.

Ben Corcoran
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Ben Corcoran
answered on Oct 19, 2023

All that you would have been signing away was your right to claim a life estate on the property in the event of his passing. That right was extinguished upon divorce.

I cannot speak to the laws of other states regarding marital property but the money he made from the sale might have become...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: I just purchased a 2nd home, and the HOA is refusing to provide a mailbox (community mailbox) due to the fact it is not

our primary residence siting "mailboxes are a significant cost to the HOA" Now I cant receive my mail. Is this legal?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 5, 2023

Unfortunately it is not possible to answer this question in an online forum like this with certainty. An attorney would have to review the covenants and rules of your HOA, which you agreed to be bound by when you purchased the home. We cannot review documents through an online forum. My general... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Without selling, if my spouse is on the mortgage and wants to separate, what is the my advantageous routes of action?
Ben Corcoran
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Ben Corcoran
answered on Oct 2, 2023

You can request that the bank remove the spouse but it will probably not happen until after the ownership is transferred into your name.

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: Father in law passed away and my wife and I are listed as Joint tenants with full right of survivorship.

My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More

Anthony M. Avery
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answered on Sep 22, 2023

You will need to post this under Florida real estate law.

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