North Carolina General Form of Agreement to Partition Real Property

State:
Multi-State
Control #:
US-1189BG
Format:
Word; 
Rich Text
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Description

Partition is the division between two or more persons of real or personal property held by them in common ownership. The division can take place between joint tenants or tenants in common.
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How to fill out General Form Of Agreement To Partition Real Property?

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FAQ

Chapter 46A of the North Carolina General Statutes provides a solution to this problem. The owner who wants to sell can file a Petition to Partition the real property. This procedure allows for the Court to either physically divide the property to allow all joint owners to have a part of the real property.

Chapter 46A of the North Carolina General Statutes provides a solution to this problem. The owner who wants to sell can file a Petition to Partition the real property. This procedure allows for the Court to either physically divide the property to allow all joint owners to have a part of the real property.

It is worth noting that there are always exceptions. It is entirely possible for complex cases to be resolved faster than those with more simple terms. While the process will vary from case to case, it is reasonable to expect a partition action to take anywhere from 18 months to 24 months.

Partition suits can cost between $20,000 and $100,000, depending on the attorney's fees. Attorney fees and other costs are usually paid ing to each party's legal right to the property.

All heirs may agree to give ownership to one person. One heir may buy the others' shares, or the others may voluntarily give their share to a single family member. In some cases, the heirs may agree to form a corporation or other entity to hold and manage the property. Any owner of the property may file for partition.

Partitioning is a division in real or personal property between co-owners. This typically occurs when property is inherited or passed down to heirs. There are two types of partitioning: Partition in Kind and Partition by Sale.

One or both of the parties can file what is called a petition to partition to ask the court to divide the property equitably. The court can then give each party their share of these partitions, or force the sale of the property and apportion the proceeds ingly.

(a) Spouses shall have an equal right to the control, use, possession, and income from property held by them as tenants by the entirety.

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North Carolina General Form of Agreement to Partition Real Property