Probate Q&A Series

How can I buy out my co-owner’s interest in our land without going to court? – North Carolina

Short Answer

Yes, in North Carolina you can avoid a courthouse sale by settling the pending partition case with a negotiated buyout. The cleanest path is a written purchase agreement and deed from your co-owner, paired with a joint dismissal of the partition proceeding. If the land is “heirs property,” North Carolina’s partition statutes may also allow a statutory buyout at an appraised value within short deadlines, which can prevent a court-ordered sale.

Understanding the Problem

You co-own North Carolina land. Your co-owner filed a partition petition to sell the property. You offered to buy their half; they have not accepted and suggest a consent order to sell. You want a practical way to purchase their share without a court-run sale and its commissioner, realtor, and closing fees.

Apply the Law

Partition cases are heard by the Clerk of Superior Court in the county where the land lies. North Carolina law allows two broad off-ramps from a courthouse sale: (1) a voluntary buyout and dismissal of the partition case; and (2) in certain “heirs property” cases, a statutory buyout process that lets a co-owner purchase other interests at an appraised value, avoiding an open-market sale. A consent order that authorizes a judicial sale still follows judicial sale rules (including upset bids) and related costs; a private settlement and deed avoids those layers.

Key Requirements

  • Agreement on price and terms: Put a clear buyout price, timeline, and who pays closing costs and taxes into a signed purchase agreement.
  • Clean transfer: Close with a deed from the selling co-owner (and spouse, if applicable), with payoff or assumption of any liens affecting their interest.
  • Case closure: File a joint stipulation or consent dismissal of the partition proceeding once the deed records and funds disburse.
  • Heirs property buyout (if applicable): If the land qualifies as heirs property, you may elect to buy out other interests after an appraisal, within tight statutory windows; payment is typically made into court.
  • Mediation option: The Clerk can order or the parties can request mediation to reach a buyout without a sale order.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because your co-owner already filed a partition, you can still settle it by signing a purchase agreement for their half, closing by deed, and jointly dismissing the case. A proposed “consent order to sell” would still invoke judicial sale procedures (including upset bids and sale-related fees). If the property is heirs property, you may qualify to elect a statutory buyout at appraised value by acting within the statute’s election and payment periods, which avoids a forced sale.

Process & Timing

  1. Who files: Either party (ideally both). Where: Clerk of Superior Court in the county where the land sits. What: Exchange and sign a written purchase agreement; prepare a deed from the seller to you; file a joint stipulation/consent to dismiss or stay the partition while you close. When: Do this before the Clerk appoints commissioners or enters a sale order.
  2. If heirs property applies, request the Clerk to proceed under the heirs-property buyout framework: the court confirms heirs-property status, an appraisal is obtained, and eligible co-owners have a short window to elect to buy and pay into court. Deadlines are tight; procedures can vary by case.
  3. Close the buyout: record the deed, disburse funds per the agreement, resolve any liens, then file the dismissal of the partition. Keep proof of recording and payment.

Exceptions & Pitfalls

  • Heirs property rules control if the land qualifies; missing the election or payment window can forfeit the buyout right.
  • A consent order to sell still triggers judicial sale procedures (and often commissioner, brokerage, and upset-bid costs) that a private deed-and-dismissal avoids.
  • Minors, unknown owners, or spouses with marital rights may require special steps (e.g., guardian ad litem, spousal joinder) before a deed can pass clear title.
  • Liens and taxes must be addressed at closing; allocate who pays which costs in the agreement.
  • If talks stall, ask the Clerk to order mediation to reach buyout terms before a sale order issues.

Conclusion

To buy out your co-owner in North Carolina without a courthouse sale, negotiate a written purchase agreement, close by deed from your co-owner, and jointly dismiss the partition case. If the land is heirs property, you may use the statute’s appraisal-and-election buyout process to avoid an open-market sale. The key next step is to present a firm written offer and, if needed, request mediation and a short stay of the partition while you close.

Talk to a Partition Action Attorney

If you’re facing a partition filing and want to buy out your co-owner without a courthouse sale, our firm can help structure a clean settlement, navigate any heirs‑property rules, and meet deadlines. Call us today to discuss options and timing.

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.