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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for North Carolina on
Q: My pops is gifting me land in N.C but it needs to be split in half and put in my name. How do I go about doing that?
Nina Whitehurst
Nina Whitehurst answered on Jul 12, 2020

A lot split is not a do it yourself project. You will need an attorney and a surveyor. I would also recommend an attorney to do the deed correctly.

However, there are very good reasons for not doing lifetime gifts, and your dad should talk to you and estate planning attorney about that.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: 2 people own house 50/50: tenants in common. 1 passes with no heirs. If state takes back that half, how can I sell house

My tenant in common owner died with no family and no heirs. Im assuming the state took back her half of the property. What do I do if I want to sell the house but the title isn’t clear because of this?

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2020

I recommend you start looking for the Decedent's Heirs At Law. Somewhere, somehow, there will be some. If necessary hire a private detective. Then have a competent attorney draft an Affidavit of Heirship and a Quit Claim Deed. Pay that far off Heir a small amount to execute both... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Boyfriend and I will move into a home that's solely in his name. How does "right of tendency" work (correct term???)?

He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.

Angela L. Haas
Angela L. Haas answered on Jun 29, 2020

He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for North Carolina on
Q: I no longer want to be associated with the house my girlfriend and I are buying. What are my options?

To clarify is she an ex. We both are on the loan and deed. Were together 8 years. What is needed to be done to sell or buyout?? I no longer care to own house, want to sell. However, she will not have an adult conversation with me about it. What if she cannot obtain the house in her name only?

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 23, 2020

If you are not married, you are likely tenants in common. If so, there is really no need to 'discuss' it with her - she doesn't really have much choice, so you can essentially just tell her how things are going to be. If you want, her choices are pretty much limited to either... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Life estate was mentioned in a will, but the deed to the property did not. Which one supersedes?

A will was written out 5 years ago and mentions a life estate to the home. However, 3 years ago a new home was purchased, and a life estate was not placed on the deed on the new home. The estate is now closed, and the tax assessors office reviewed the will and only put the name of the heirs on the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 16, 2020

Apparently the Life Tenant is Adversely Possessing Under Color Of Title against the Remaindermen. After awhile he will own in Fee. Why is a Deed involved when the Probated Will is the source of Title? Who was the Grantor? The Remaindermen can file suit to Quiet Title. What the Tax Assessor... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have a co-owner in real estate rental property who died. How can I obtain a clear title/deed?

My wife and I, along with another person, are owners of a rental house. The other person worked for me at the time of purchase (about 15 - 20 years ago) as a maintenance man. Shortly after the purchase, he left my employment and never contributed to the upkeep of the property. I was wanting to sell... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

You may be able to file an Action For a Sale For Partition. The Court might appoint a Guardian Ad Litem to represent the unknown heirs. But you really need to hunt down the Decedent's Heirs yourself and get them to convey their interests to you by Quit Claim Deed. A good attorney and... Read more »

2 Answers | Asked in Real Estate Law for North Carolina on
Q: A historical piece was uncovered by a new homeowner and he wont give it to a descendant of the home.

I used to own the home that belonged to my great grandfather and then my grand parents where i grew up. A piece of the structure was used to make siding from a piece a wood that was the property of the US Coast Gaurd where my great grandfather was employed in the life saving service. The sign was... Read more »

Angela L. Haas
Angela L. Haas answered on Jun 15, 2020

Unfortunately, when the home was sold, the buyer purchased the home and the land, and it therefore legally belongs to the buyer.

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1 Answer | Asked in Real Estate Law for North Carolina on
Q: My brother and I own a house in Madison Co. NC. He has drug issues and does not help pay upkeep. Can I sue for his half?

Can I sue my brother for what I pay towards upkeep of the property? Meaning I pay his half as well as mine. Can I get a lien against him? Can I take the property once the amount he owes reaches half the taxable value? He has always had a major drug problem, he is a sex offender and has done a few... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

Most likely an Action for a Sale for Partition is the best if not only course of action.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: I have a lease with a tenant and a cosigner in NC. Are their spouse's responsible for a financial judgement as well?

The paperwork has Tenant and CoSigner on the lease, with Tenant's family listed as occupants. When filing for summary ejectment, do I need to include Tenant's wife and CoSigner's wife on the court paperwork?

Paige Kurtz
Paige Kurtz answered on Jun 1, 2020

Only those parties that signed the lease are the responsible parties. Spouses are not responsible simply because they are spouses, nor are people simply listed as occupants.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My boyfriend and I purchased a home together. We've been together 19yrs. We are splitting up.

The house is in both our names. How can I get my half of the house back

Anthony M. Avery
Anthony M. Avery answered on May 19, 2020

Unless you can sell him your interest, or he sells you his interest, with a deed conveyance upon purchase, then you will have to file an Action For Partition. Contact a competent attorney.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Our property extends 3-4 feet beyond our fence. We have a new neighbor who is saying it does not extend past our fence

She has planted a couple small plants on our property.

Anthony M. Avery
Anthony M. Avery answered on May 15, 2020

You have probably lost that property. The adjacent landowners, including their predecessors in title, have apparently acquiesced for some period of time as to the tangible fenceline being the boundary between the two properties. Irregardless of each landowners' legal descriptions, that line... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have 6 brothers and sisters. My deceased mother left a home that my siblings wants to turn over the deed to me.

I need to know what to do and what paperwork do I need to get this done ASAP

Anthony M. Avery
Anthony M. Avery answered on May 15, 2020

Hire a competent attorney to draft an Affidavit of Heirship to document your source of title. Then ask each sibling to execute a Quit Claim Deed of their interests over to you. Record it, then start paying taxes and insurance.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Is it more beneficial to purchase my parent's home outright, or use QuitClaim or JTWROS?

I am interested in purchasing my parent's home in a very rural area. My parent's no longer work and receive SSI. The home is paid off, but they have a HELOC that is a third of the value of the home. I am married, but would like to keep the family home in our family. Would it be more... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 13, 2020

Once both Parents convey the property to you, it is yours. There will be no setting aside except for clear fraud, and a gift is not fraud. The house is not paid off if there is a loan against it such as the home equity note. If you do not assume it, then you are not personally obligated on the... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for North Carolina on
Q: potential neighbor stated he will sue us for what builder has done.

Back behind the house on the lot is a big hill of dirt from which I guess the builder was excavating. He put pine straw all over it. The neighbor (house built by the same builder) has had damage to his well kept yard, he had to spend $5000 to build a trench from the water runoff, not to mention... Read more »

Paige Kurtz
Paige Kurtz answered on May 12, 2020

If you don't own the property, then there can be no suit against you. However, if you do purchase the home and it is a condition on your property that is creating an issue for your neighbor, there may be a claim. Since you are in the process of purchasing the home, you should resolve this... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Q: If siblings each own a piece of land and 2 siblings live on their piece of land and the third siblings land is not being

lived on and the only access to that piece of land is down my private path and that sibling sold her piece of land to a company without letting us know do we have to grant that company access to that piece of land or do they have to find another access

Anthony M. Avery
Anthony M. Avery answered on May 5, 2020

That possibly dominant tract probably has an Easement either by Prescription, express grant, or possibly by necessity. Hire a competent attorney to perform a title search of the adjoining properties, examine survey plats and/or tax maps, and provide his opinion. If you obstruct or destroy the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: After esigning a lease renewal, and not hearing back from mgmt company, how long would we be entitled to cancel?

About a week after submitting a lease renewal, and not hearing anything back, we wrote asking the management company not to finalize. A few days later they responded saying they had already signed the document but just hadn't delivered it to us, and were not willing to release us from the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 14, 2020

I am not licensed in North Carolina so I cannot answer for them about what their statutes may say; but I can tell you that there is NO such federal law forcing the states or anyone else to provide a 3 day cancellation period for anything.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Can my property manager amend our contract to require a commission on the sale of our home?

I own a home in Raleigh NC. In March I hired a property manager to begin renting the home out. This week they told us they found a qualified tenant but before they allow the tenant to sign the lease they want to amend our contract with them which would entitle them to a 2 % commission on the sale... Read more »

Paige Kurtz
Paige Kurtz answered on Apr 6, 2020

No, you do not have to sign an amendment unless you are willing to change the terms of your original contract. They should proceed with the lease with the tenant.

1 Answer | Asked in Divorce, Real Estate Law and Business Law for North Carolina on
Q: My mother and father are divorced but my mother's name is still on the house does she still have ownership of the house?

They had an absolute divorce and he pays the taxes on the house. The house was purchase with both of their names as 100% ownership

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 6, 2020

They are likely now tenants in common. Typically, this usually undesirable situation happens when people make the mistake of doing their own divorce.

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for North Carolina on
Q: Is an investor/trustee suppose to be listed anywhere on the original NOTE or DEED of a trust?

A bank called Deutsche Bank has stated that they are the trustee on my loan and I have never heard of them prior to them trying to foreclose on my property. They are not listed on any paperwork that I have had nor my DEED. They are listed on MERS but it states INACTIVE. I have been approved for... Read more »

Timothy Denison
Timothy Denison answered on Feb 29, 2020

You need to have a lawyer look at this for you but DB does not have to be listed on the deed or trust if they subsequently purchased it.

1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Mama and Daddy passed with no will the house is still in Mama's name. There are 3 grown children there are back taxes

What can we do

David Ostrove
David Ostrove answered on Feb 23, 2020

NO WILL, then typically all assets go to the children in equal shares.

All liabilities, including taxes must be paid FIRST. Then, the remaining assets go to the children. If there are any predeceased children, then typically their heirs at law take their shares. Every state is not exactly...
Read more »

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