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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Tax Law, Real Estate Law and Elder Law for North Carolina on
Q: Iredell County has denied my senior citizen property tax exemption based on my over limit income.

Both my Federal and NC state tax is zero AGI. Can anyone help with ???

James L. Arrasmith
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answered on Apr 18, 2024

It's best to consult with a local tax attorney or the Iredell County Tax Assessor's office.

In North Carolina, the elderly or disabled property tax exemption (also known as the Homestead Exemption) is available to qualifying homeowners aged 65 or older, or those who are totally...
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Q: Am I covered

I put mobile home under contract with a rent to own buyer with owner financing agreement. Contract states (as is) what you see or don't see is what you get. Buyer calls me and says the electric is not working in the living room & 1 of bedrooms as they were operating during and after Reno... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that the buyer may have a case against you, despite the "as is" clause in the contract. Here's why:

1. Implied warranties: Even with an "as is" clause, there are implied warranties that the property is habitable and...
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2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Mar 30, 2024

Yes if one spouse is in comparative or if there is at treat that the house will be lost through foreclose, you can request a judge to issue an order to stand the sales process another reason to compel a sales is if you need funds to survive on during and after divorce , this could encode paying... View More

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2 Answers | Asked in Contracts, Divorce, Real Estate Law, Civil Litigation and Family Law for North Carolina on
Q: Dispute over property sale agreement

My ex-husband and I share ownership of a property in Wake County, North Carolina, which serves as a secondary residence for both of us. Following our divorce, we had a signed agreement stipulating that he would buy out my share within two years for much less than it was worth. However, it's... View More

Ben Corcoran
Ben Corcoran
answered on Apr 1, 2024

Contact an attorney and ask about a "Petition to Partition"; be sure to show them a copy of the agreement. Hopefully, the agreement will no longer be enforceable, and you can get half of your interest out of the property, especially since real estate values have significantly increased... View More

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1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: My father recently died. His wife died a year ago. He never removed her name from the deed. Will her kids be entitled to

the proceeds from the sale of the house?

James L. Arrasmith
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answered on Feb 27, 2024

When a property is co-owned and one of the owners passes away, the distribution of their interest in the property depends on how the deed is titled and the laws of the state in which the property is located. If the deed was held as "joint tenants with right of survivorship," then upon the... View More

1 Answer | Asked in Real Estate Law, Business Law and Gov & Administrative Law for North Carolina on
Q: If I wanted to dropship manufactured houses that were expandable and are a resident of Nevada, what certs do i need

I want to start dropshipping cheap manufactured homes from chinese websites but I wonder if I need a liscense, LLC, ect to legally operate the buisness. Any insight?

Ben Corcoran
Ben Corcoran
answered on Feb 12, 2024

You can likely do this as a private individual. However, I would highly recommend forming an LLC to give you some legal cover. You should also have an attorney draft a contract that makes it very clear you are disclaiming as many warranties as possible regarding the condition of the homes. There... View More

1 Answer | Asked in Tax Law and Real Estate Law for North Carolina on
Q: What is the easiest way to determine the value of a property that I gave my daughter, to report on a 709 tax form?

I gave my married daughter a rental property that I owned for 45years…will the IRS accept a real estate market analysis as the value on a 709 form? Can the tax value be used?

James L. Arrasmith
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answered on Feb 5, 2024

When determining the value of a property you gave to your daughter for reporting on a 709 tax form, it's important to follow IRS guidelines accurately. While a real estate market analysis can be a helpful reference, it might not be sufficient on its own.

The IRS typically requires a...
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1 Answer | Asked in Real Estate Law and Estate Planning for North Carolina on
Q: How can I leave my property to my married daughter and if she dies before her husband, have the property go to My sis?

I would like to keep my property in my family. If my daughter dies and the property goes to her husband he could leave it to his family in Australia.

Anthony M. Avery
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answered on Feb 5, 2024

There are several options. You could make a life estate/remainder deed to your daughter for life, then to someone else at her death. Deeds take effect now with no probate involvement. Contact a competent NC attorney to search the title and execute a transfer to suit you.

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 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, 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 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 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 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: Is it illegal to live in a house without being on the deed or mortgage if paying rent?

My wife and I have been living in a house along with her sister-in-law, who is on the mortgage. Since December of last year, she has moved out of state and refused to change the mortgage despite our discussions via phone and text messages. Is it illegal for me to live in the house without being on... View More

Anthony M. Avery
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answered on Mar 25, 2025

It is not illegal for you to live there. However the lender will probably not agree to release any maker on the note until it is paid off or refinanced.

1 Answer | Asked in Probate and Real Estate Law for North Carolina on
Q: How to transfer a house deed from grandparents to me in NC?

My father and uncle are the sole survivors of my grandparents' estate. My uncle continued to live in the home after my grandparents passed away, but he died a couple of years ago. Since my husband's death, I have been residing in the home. My father said he wants to quitclaim deed the... View More

Anthony M. Avery
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answered on Mar 17, 2025

Hire a NC attorney to search the title, determine heirship and draft a Deed from the heirs over to you individually.

1 Answer | Asked in Real Estate Law and Collections for North Carolina on
Q: Will house sale proceeds be withheld to pay personal debts?

My siblings and I are selling my mother's house in North Carolina, and we plan to split the proceeds. Will any money I receive be withheld to pay my personal debts, such as a car repossession and a loan that appear on my credit report?

Anthony M. Avery
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answered on Mar 13, 2025

There is a good chance that your share will be used to payoff any judgment liens against your interest of record. Then you covey free and clear of encumbrances which is a covenant of title.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Neighbors claim my driveway is on their property; can I argue adverse possession?

I have lived in my current home for over a year, and my neighbors have recently claimed that my driveway is entirely on their property, based on a survey they conducted. They have not shared the survey details with me. The driveway has been in place and used by the previous owner of my home for... View More

Anthony M. Avery
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answered on Feb 24, 2025

You might own a prescriptive use easement. But it will take a declaratory judgment action in Court to enter such an order. It might be easier to hire a NC lawyer to offer a purchase of a joint easement with recordation against both adjacent properties than litigate.

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