Partition And Exchange Agreement With 100 In North Carolina

State:
Multi-State
Control #:
US-00410
Format:
Word; 
Rich Text
Instant download

Description

This Partition Agreement is an Agreement for the Partition and Division of Real Property. This is a Voluntary agreement to partition and divide real property. This Agreement can be used in any state. This Agreement is to be signed in front of a notary public.
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  • Preview Agreement for the Partition and Division of Real Property
  • Preview Agreement for the Partition and Division of Real Property
  • Preview Agreement for the Partition and Division of Real Property
  • Preview Agreement for the Partition and Division of Real Property
  • Preview Agreement for the Partition and Division of Real Property
  • Preview Agreement for the Partition and Division of Real Property

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FAQ

Any owner of the property may file for partition. This is a court case in which the owner asks a judge to divide up the property. Typically, this results in the judge ordering the property sold at auction. Anyone, including investors from outside the family, may buy the property at a sale.

A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law.

North Carolina law presumes that an equal (50/50) division of marital property is “equitable,” or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.

A petition to partition is considered a special proceeding by our legislature, meaning it follows a different set of procedures. It must be filed with the Clerk of Court in the Superior Court division of the county (or one of the counties) where the real estate is located.

The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.

A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law.

Separation does not always mean courts and judges—in fact North Carolina makes it very easy to make an agreement on all of these matters. Simply having a drafted document, notarized and signed may resolve these issues. A separation agreement can be effective especially when you have children and property involved.

What Not to Do During Separation in NC? Don't Move Out Without a Separation Agreement. Don't Hide or Misuse Marital Assets. Avoid Making Big Life Changes. Don't Badmouth Your Spouse. Make Informed Decisions During Separation.

More info

A separation agreement is a contract between a husband and wife when they separate from each other. In a partition proceeding under this Article, the court shall order one of the following methods of partitioning the real property: (1).The following language in a separation agreement has been found to waive the right to partition: i. Based on the information you provide, we will draft a Separation Agreement guaranteed to be valid and enforceable in North Carolina. As long as you and your spouse can agree upon the terms of your divorce, you may fill out the necessary forms and move forward with the divorce. "Upon filing an action or motion in the cause requesting an equitable distribution or alleging that an equitable distribution will be.

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Partition And Exchange Agreement With 100 In North Carolina