Lawyers, Answer Questions  & Get Points Log In
North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for North Carolina on
Q: I want to create a joint tenancy on my home with my sister. What kind of lawyer do I need and what will it cost?
Ben Corcoran
Ben Corcoran answered on Apr 7, 2021

I notice that you are in Chicago; if the property is in NC, then this forum is the correct place, but if not, you will likely need to post it in the state where the property is located.

If the property is in NC, any lawyer can do this, but real estate attorneys have more experience in the...
Read more »

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My father passed away last yr. I have a question about the estate and my rights. Can I make my sister move off property

the property was willed to the 3 of us. however my sister has moved into home not paid rent to me or my brother, nor paid the property taxes.

She wont let myself nor my brother on property unless she is there and we still have personal items to be devided between us. She told me I have to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 2, 2021

It appears no Probate has occurred, and this might be a good candidate for such a procedure. Probate Administration is expensive and lengthy, but that is probably the only way to really resolve the situation. Hire a competent attorney and do not forget about the taxes, which might be construed... Read more »

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Good Morning, I am seeking legal advice on how to get the earnest money that is owed to my wife and I.

THe first Buyers that we were under contract with backed out of the contract 14 days after the contracted settlement date and weeks after Due Dilligence had expired. The closing attorney that represented the, last I heard because the attorney no longer responds to my emails or calls, has the money... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 1, 2021

I would have to review the contract to see what you are entitled to. There is a big difference between earnest money and a due diligence fee.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: My son and his roommates are renewing a lease on a college campus. Part of the verbiage in the new lease is that

if the police are called to the residence they can be evicted. Is this legal

Ben Corcoran
Ben Corcoran answered on Apr 1, 2021

Generally yes, I would have to review the lease to see it in context but I frequently write that into leases I draft.

1 Answer | Asked in Family Law and Real Estate Law for North Carolina on
Q: what are my rights in NC regarding the sale of a home bought during my marriage?

My father in law bought a home for my husband and I and we lived there for 14 years. My estranged husband and his father are on the deed. My name is not, although I made the payments for 9 of the 14 years I lived in the home. My father in law is trying to sell the house and needs my signature on... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 31, 2021

This is a matter for the divorce settlement, you have very limited rights under real property law. In order for the house to be sold while you are married, you must sign the deed but likely you cannot be forced to sign.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If a real estate contract was signed under false pretenses is there a way to back out of contract for the seller?

Contract was signed under false pretense that the houses on the land would be fixed up and lived in. A man showed up to put up a for sale sign on property before sale was finalized date on contract. Also information was incorrect on the contract/marked out and correct information written in but not... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 31, 2021

Take all of this to a local real estate attorney, without reading the contract there is little advice that can be given on this forum.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: My stepfather passed of a sudden heart attack. He has no will and a mother who is still living so her and my mother have

His real estate property divided 50/50. There is some tractors and farm equipment that were in his possession and he has had ever since his father passed in 2011. Now my question is the brothers now claim all the farm equipment was not my step fathers but instead theirs and have threatened to call... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 30, 2021

You may need to file Probate here if enough assets are present. Administering the Estate will allow the relatives to file Claims Against the Estate if they truly feel they own some of those items of personal property. Hire a competent attorney to talk to you about this. Criminal charges like... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: We bought a wooded lot from neighbors and discovered their sewer line runs onto our property 10 feet from survey line.

We have asked verbally for sewer line to be moved onto their land. How can we force this sewer line to be moved before the new owners take possession and claim it isn't their problem??

Ben Corcoran
Ben Corcoran answered on Mar 22, 2021

Depends on how long the line has been there and what the respective deeds say. I would advise hiring a local lawyer to look into the situation and give you a better opinion as to your option.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: My father died with a will. He inherited land from my moms family. How do I separate my share from my nephews?

The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 16, 2021

If I understand this correctly, the current owners are you and your nephew. And your nephew wants to keep his portion of the land.

You really have two options, the first you have attempted, you buy out your nephew, but he has to agree to this option.

The second is that you file a...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Both parents died in 2012, the first of 2013 by sister verbally told me all property and contents were mine

She also stated she was never stepping foot on land again and was never speaking to me again. She has proved that by not paying any expenses. Can the deed now be put in mine name only. The property is in N.C.

Ben Corcoran
Ben Corcoran answered on Mar 16, 2021

Only if she and her spouse, if she is married, are willing to sign a deed transferring ownership to you.

The only other way to do so is by filing a partition motion with the court and buying it at auction.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: 4 Siblings own family estate 2 years after the passing. 2 won't to Sell and 2 refuse. What is the options

There is a small trailer park that the 2 have rentals and the collect rent. The other 2 do not

Ben Corcoran
Ben Corcoran answered on Mar 8, 2021

You file a partition motion and ask for the land to be sold and the proceeds split amongst the family. I would highly advise hiring an attorney to assist with this process as there are many steps that have to be followed in a specific manner.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Q: If I own a mobile home but lease the land based off a verbal agreement, what are my rights if the land goes up for sale

More complex than typical ‘owns the home but rents the land’ situations that I have found.

A verbal agreement was made with myself and the land owner allowing my mobile home to be placed for $X per month for the land. Not in a MH park, but one of two MH on 100 acres. This was for a new... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 4, 2021

Any buyer would be buying the land subject to your lease, while it would be much better if your lease was written it is still likely a valid lease. Additionally, you should check with Forsyth County to make sure that your home is no longer able to be moved, each county has different regulations... Read more »

2 Answers | Asked in Real Estate Law for North Carolina on
Q: Property bought by two sisters, one sister marries. The married sister passes away, is the husband entitled to 50% of

Land. Land purchased before her marriage.

Jonathan Shbeeb
Jonathan Shbeeb answered on Mar 3, 2021

It depends upon how the property was owned by the sisters. Can you maybe give some more context? Was it owned as tenants in common or as joint tenants with a right of survivorship?

View More Answers

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Can a vacation property be rented for compensation other that money?

We own a vacation property in a 6 unit building. Covenants state no renters. One owner allows her church members to use her unit 2-3 times a month. We can not prove money is exchanged. She swears the value to her is intrinsic. These unaccompanied guest cause numerous problems much like renter... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 2, 2021

Without reading the full covenants and any other pertinent documents I cannot answer this question.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Chapter 47F-3-103 states that the current board can be voted out. Are the current board members dismissed immediately?

We planned to vote out our current HOA board to do a long list of issues plaguing our community. We will call an emergency special meeting with the stated quorum of lot owners in our Bylaws and have a vote. If the existing HOA Board is voted out during the Special meeting, do all members retain... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 2, 2021

In order to answer this question, I or any other lawyer would need to review the documents that govern the HOA and the board. There should be something in there that deals with this situation.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for North Carolina on
Q: Can I move back to the marital home if my spouse moves out after he was granted possession with a DVPO?

He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 1, 2021

I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.

If he was granted possession then no you cannot move back in without something terminating his exclusive possession....
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If I bought land in NC before I was married, does my wife have to sign any legal papers for me to sell it.

I was told that her name had to be in order to sell by the realtor

Ben Corcoran
Ben Corcoran answered on Feb 24, 2021

Yes, unless you have a pre-nup that covers the issue. Even with a pre-nup the title insurance company may require your wife's signature on the deed.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Co-ownership: Considerations when selling your stake in a property

My wife and I co-own a vacation property with another family (50% each). We are interested in selling our part to the family currently owning the other 50%.

1. Is a Quit Claim Deed the best way to exchange funds and separate from this agreement?

2. Would a QCD change the tax... Read more »

Ben Corcoran
Ben Corcoran answered on Feb 23, 2021

1. Normally I use a QCD when transferring partial interests between owners.

2. The QCD does not make the proceeds from a sale automatically a charitable donation. Excise tax and other taxes would still be applicable to any purchase/sale.

3. This is a question for your tax preparer,...
Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I'm the executor of my dad's estate. Do I need my husband to sign to sell the house?

I plan to sell the house and the agent asked if I'm married and she said he needs to sign the listing agreement so I can sell and at closing to release the deed.

Ben Corcoran
Ben Corcoran answered on Feb 22, 2021

Depends on if you are selling it yourself or under the estate. I would have to look at the will and prior deed in order to answer your question fully. I advise that you hire an attorney, to assist with the sale.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My husband and I separated July 2020, the mortgage lists both names, am I still financially responsible for late pmts

We both agreed that he was going to keep the house and will refinance it to remove my name. I still pay the HOA fees and the water bill there.

Anthony M. Avery
Anthony M. Avery answered on Feb 19, 2021

If you signed the Note, then you are liable for the debt. Only a payoff, refinance or a bankruptcy discharge gets rid of the Note. Your agreement means nothing to the mortgagee who is not a party to it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.