North Carolina Partition Warranty Deed

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Multi-State
Control #:
US-01604
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This form is a Partition Warranty Deed. The purpose of the form is to divide up a tract of property into parcels to be distributed to heirs. Adapt to fit your circumstances.
A North Carolina Partition Warranty Deed is a legal document used in real estate transactions to transfer ownership of a property from one party to another with guarantees that the seller has the right to sell the property and that there are no encumbrances or defects on the title. The Partition Warranty Deed is commonly used in North Carolina to facilitate the transfer of real estate in a trusted and secure manner. It provides assurance to the buyer that they are receiving a property with a marketable title and that they will be protected against any future claims or challenges to the property's ownership. There are different types of North Carolina Partition Warranty Deeds, which include: 1. General Warranty Deed: This type of deed offers the broadest level of protection to the buyer. The seller guarantees that they have good title to the property, free from any defects and encumbrances, and will defend the buyer against any future claims. 2. Special Warranty Deed: With a Special Warranty Deed, the seller guarantees that they have not caused any defects or encumbrances in the title during their ownership. They provide protection against claims that may arise during their ownership, but not before. 3. Limited Warranty Deed: A Limited Warranty Deed, also known as a Bargain and Sale Deed with Limited Warranty, offers limited protection to the buyer. The seller warrants that they have not caused any defects or encumbrances during their ownership, but does not provide protection against claims that may exist prior to their ownership. 4. Quitclaim Deed: While not a warranty deed, a Quitclaim Deed is also commonly used in North Carolina. It transfers the seller's interest in the property without making any guarantees about the title's validity or condition. It is often used in situations where the parties have a close relationship or when the buyer is willing to accept the risks associated with the property's title. In conclusion, a North Carolina Partition Warranty Deed is a crucial document in real estate transactions, ensuring the buyer that they are receiving a property free from any defects or encumbrances. The different types of deeds available allow parties to choose the level of protection they desire, depending on their specific situation and comfort level.

A North Carolina Partition Warranty Deed is a legal document used in real estate transactions to transfer ownership of a property from one party to another with guarantees that the seller has the right to sell the property and that there are no encumbrances or defects on the title. The Partition Warranty Deed is commonly used in North Carolina to facilitate the transfer of real estate in a trusted and secure manner. It provides assurance to the buyer that they are receiving a property with a marketable title and that they will be protected against any future claims or challenges to the property's ownership. There are different types of North Carolina Partition Warranty Deeds, which include: 1. General Warranty Deed: This type of deed offers the broadest level of protection to the buyer. The seller guarantees that they have good title to the property, free from any defects and encumbrances, and will defend the buyer against any future claims. 2. Special Warranty Deed: With a Special Warranty Deed, the seller guarantees that they have not caused any defects or encumbrances in the title during their ownership. They provide protection against claims that may arise during their ownership, but not before. 3. Limited Warranty Deed: A Limited Warranty Deed, also known as a Bargain and Sale Deed with Limited Warranty, offers limited protection to the buyer. The seller warrants that they have not caused any defects or encumbrances during their ownership, but does not provide protection against claims that may exist prior to their ownership. 4. Quitclaim Deed: While not a warranty deed, a Quitclaim Deed is also commonly used in North Carolina. It transfers the seller's interest in the property without making any guarantees about the title's validity or condition. It is often used in situations where the parties have a close relationship or when the buyer is willing to accept the risks associated with the property's title. In conclusion, a North Carolina Partition Warranty Deed is a crucial document in real estate transactions, ensuring the buyer that they are receiving a property free from any defects or encumbrances. The different types of deeds available allow parties to choose the level of protection they desire, depending on their specific situation and comfort level.

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FAQ

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.

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.

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.

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.

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.

Previously, partition by appraisal only applied to inherited property. The Partition of Real Property Act, which went into effect on January 1, 2023, now allows a co-owner to buy out the interest of the co-owner requesting a partition by sale. Generally, the law favors a physical partition or a partition in kind.

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Jul 21, 2017 — Under “Grantee”, write the name of the person receiving title. Describe the parcel of land. Use the street address and include the North ... This form is a Partition Warranty Deed. The purpose of the form is to divide up a tract of property into parcels to be distributed to heirs. Adapt to fit your ...Aug 6, 2020 — The co-owners prepare a new deed to convey that person's interest, with a new title reflecting the desired ownership. And if multiple heirs who ... May 12, 2023 — Need to create a North Carolina warranty deed? Our deed creation software makes it easy. Just complete a user-friendly interview and get a ... In North Carolina a valid deed must have: 1. A competent grantor. 2. A grantee capable of holding title. 3. A sufficient description of the property. Jan 15, 2008 — Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD ... Typically, the easiest way to resolve such property disputes is to sell the home for fair market value and split the proceeds, but this is only effective if all ... What is the procedure for changing a deed after inheriting property in North Carolina? A family law lawyer answers the question. Apr 6, 2022 — All legally-enforceable transfers of an interest in real property must be evidenced in writing under North Carolina's Statute of Frauds. A deed of partition is executed and delivered for the purpose of effecting a ... A general warranty deed or full covenant and warranty deed is a deed in ...

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North Carolina Partition Warranty Deed