Short Answer

Yes. North Carolina law allows co-owners to make a private buyout agreement at any time and avoid a court-ordered partition. If a partition case is already filed, you can still settle by agreement (often through mediation) and ask the court to enter a consent order. For inherited “heirs property,” state law also provides a structured, court-supervised buyout option before a sale is ordered.

How North Carolina Law Applies

Co-owners of real estate (usually tenants in common) have the right to end co-ownership through a partition. But nothing requires you to go to sale if everyone agrees on another solution. A voluntary buyout—one co-owner purchasing the others’ shares—can happen before or during a partition proceeding. Courts encourage resolution, and the clerk of superior court can order mediation in special proceedings to help parties reach a deal. If the property is inherited and qualifies as “heirs property,” the Uniform Partition of Heirs Property Act gives non-selling co-owners a statutory chance to buy out those seeking a sale at an appraised value before the court orders a sale.

In practice, many families and co-owners prefer a buyout to avoid the time and cost of a court sale and the uncertainty of the upset-bid process. A clear, written agreement with a realistic timeline, price supported by appraisal, and a standard closing usually resolves the matter.

Key Requirements

• Agree on value and price: Use a licensed appraisal or mutually acceptable valuation method. In heirs property cases handled in court, an appraisal is typically required to set the buyout price.

• Confirm who owns what: Identify all record owners, their percentage interests, and whether anyone is a minor, unknown, or incapacitated (these issues can require court involvement and guardians ad litem).

• Check liens and title: Run a preliminary title search to catch mortgages, HOA liens, tax liens, or judgments that must be paid or released at closing.

• Document the deal: Use a written buyout or settlement agreement that states price, earnest money, contingencies (financing, inspection), who pays costs, deadlines, deed type, and a fallback if the buyout fails (for example, proceed to partition sale).

• If a case is filed: Ask for mediation and, if you settle, enter a consent order setting payment and deed deadlines. This keeps court oversight and provides enforcement if someone backtracks.

• Recent estates: If the co-ownership arose from a recent death and the estate is still within statutory windows, the personal representative may need to join or approve the conveyance for clear title.

Process & Timing

1. Information exchange: Share ownership documents, mortgages, tax statements, and any recent valuations. Run a preliminary title report.

2. Valuation: Hire a mutually agreed appraiser or exchange independent appraisals and negotiate a price.

3. Agreement: Sign a short settlement/MOU that sets the price, payment schedule, closing date, and deed terms. Include a backup plan (mediation or partition) if the buyout fails.

4. Closing: Buyer arranges funds/loan; seller delivers a deed; closing attorney pays off liens and records the deed.

5. If a partition case is pending: Request mediation early. If you settle, submit a consent order with specific deadlines. If you don’t settle, the court proceeds to partition (in kind if feasible, otherwise by sale). Partition sales generally follow judicial sale rules with upset bids until no higher bid is filed.

6. Heirs property in court: The court determines if the property is heirs property, orders an appraisal, and gives non-selling co-owners a statutory window to buy out those seeking sale at the appraised value before ordering a sale.

What the Statutes Say

• North Carolina General Statutes Chapter 46A (Partition) — Sets out the partition process, including partition in kind and partition by sale through a special proceeding before the clerk of superior court.
• Uniform Partition of Heirs Property Act (within Chapter 46A) — Provides appraisal-based valuation and a right for co-owners to buy out interests of those seeking sale before a court orders a sale of heirs property.
• Chapter 1, Article 29A (Judicial Sales) — Governs court-ordered sales and upset bids used when property is sold in a partition proceeding.
• G.S. 7A-38.3B (Mediation in Matters Before the Clerk) — Authorizes the clerk to order mediation in special proceedings, such as partition, to help parties reach settlement (including buyouts).
• G.S. 1-301.2 (Transfer of Special Proceedings) — Allows transfer to superior court if equitable defenses, issues of fact, or requests for equitable relief are raised.
• G.S. 28A-17-12 (Heirs’ sales during estate administration) — If the co-ownership arose from a recent estate, sales by heirs within certain timeframes may require the personal representative to join for clear title.

Exceptions & Pitfalls

• Minors, unknown, or incapacitated owners: A guardian ad litem or court involvement may be required, making a private buyout more complex.

• Liens and judgments: A buyout won’t clear title if a co-owner has judgment liens, tax liens, or HOA liens. Plan to pay or resolve them at closing.

• Financing risk: If the buyer’s loan falls through and there’s no consent order, the deal may collapse. Deadlines and a mediation clause help.

• Heirs property procedures: If you’re in court on heirs property, the statute’s appraisal and buyout timelines control. Missing a deadline can forfeit buyout rights.

• Estate still open: Within certain periods after death, heirs’ sales may be void as to creditors unless the personal representative joins. Coordinate with the estate to avoid title problems.

• Judicial sale realities: If no agreement is reached, a partition sale follows judicial sale rules and an upset-bid process. Net proceeds can be unpredictable.

Helpful Hints

• Propose a neutral, licensed appraiser up front to speed up valuation and reduce disputes.
• Ask for mediation early—especially if a partition case has been filed—to explore buyout terms with a neutral facilitator.
• Do a preliminary title search so you know about liens and can plan payoffs in the closing statement.
• Use a short written term sheet (price, deadlines, who pays costs) before ordering the full appraisal or spending on legal fees.
• Build in a fallback: if the buyout fails by a date certain, the parties will proceed with partition or a court-approved sale.

Talk to a Partition Action Attorney

If you’re weighing a buyout with a co-owner or facing a potential partition, our firm has experienced attorneys who can help you understand your options, timelines, and the best path to a clean, enforceable resolution. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.