Legal Question in Real Estate Law in North Carolina

Avoiding Partition Action

My daughter has entered into a mortgage agreement as a tenant in common with another person (50-50 ownership) in Rowan County. There was a falling out between her and the other owner - my daughter was thrown out of the house and no longer lives there. Does one owner need the other owner's permission to refinance the house in order to remove the other persons name from the deed?


Asked on 8/26/06, 4:08 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: Avoiding Partition Action

Would need more facts and you probably need to speak to an attorney in Rowan County. No one can just remove your daughter's name from the deed. If she is a tenant in common, she couldn't be thrown out of the house either.

The best solutions are to have one tenant buy out the other's share and then the remaining tenant refinances to remove the first tenant's name from the deed of trust, or sell the property and split the proceeds.

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Answered on 8/26/06, 8:52 pm


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