Short Answer

In North Carolina, you can resolve a partition dispute by making a written buy-out offer and asking the Clerk of Superior Court to approve it as a consent order in the pending partition special proceeding. Your offer should state the price, payment deadline, who pays closing costs, and that deeds will be signed and recorded at payment. If payment is not made on time, the order should allow the partition case to resume toward division or sale.

Understanding the Problem

You and another co-owner are in a North Carolina partition case with court-ordered mediation to decide whether one buys out the other or the property is partitioned. An earlier informal proposal collapsed, and the current idea is a cash buy-out within a set timeframe, with deeds exchanged; if payment is late, the partition will proceed. The question is how to put that buy-out into a proper offer and file it so the court can approve and enforce it.

Apply the Law

Partition is a special proceeding filed with the Clerk of Superior Court in the county where the land sits. The clerk can order mediation and may approve settlements that resolve the dispute. A practical way to structure a buy-out is a written settlement agreement and proposed consent order filed in the partition case. The order should set a clear payment deadline and performance steps (funds into trust, deeds executed and recorded). If the property is inherited “heirs property,” North Carolina’s partition statutes provide a statutory buy-out process with court-set timelines before any sale.

Key Requirements

• Jurisdiction & posture: Have an open partition special proceeding before the Clerk of Superior Court in the county where the property is located.
• Essential terms: Purchase price, source of funds or proof of funds, exact payment deadline, escrow/closing mechanics, and responsibility for taxes/fees.
• Deeds & title: Identify who will sign, deed type, when deeds are delivered, and that recording occurs upon verified payment.
• Filing & approval: Submit a signed settlement agreement with a proposed consent order; ask the clerk to approve and stay deadlines while the parties perform.
• Default pathway: Include a clause that, if payment is late or documents aren’t signed, the stay lifts and the partition proceeds toward in‑kind division or sale without a new filing.
• Heirs property note: If the land qualifies as heirs property, expect court‑managed appraisal and buy‑out timelines before any sale.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Governs partition by the clerk, division in kind, sale in lieu of partition, and special procedures for heirs property, including buy-out opportunities.
• North Carolina Gen. Stat. § 7A-38.3B (Mediation before the Clerk) – Authorizes the clerk to order mediation and sets the framework and forms used in clerk-jurisdiction matters.
• North Carolina Gen. Stat. § 1-394 (Special Proceedings Summons) – Provides service and response timelines applicable in special proceedings like partition.

Analysis

Apply the Rule to the Facts: Because your partition case is already before the Clerk of Superior Court with mediation set, you can present a written buy‑out agreement and a proposed consent order at or after mediation. Include the agreed cash amount, a firm payment date, escrow and deed‑signing steps, and a default clause that automatically lifts any stay and allows the partition to move forward if payment is late. This structure puts the settlement on the court’s record and makes performance enforceable.

Process & Timing

1. Who files: Any party. Where: Clerk of Superior Court (Special Proceedings file) in the county where the property sits. What: A signed settlement agreement and proposed consent order (no standard AOC form), or a joint motion to approve settlement and stay deadlines. When: Typically at mediation or promptly after; set a specific payment date in the order.
2. After submission, the clerk reviews and, if appropriate, enters the consent order staying partition steps while the buy‑out closes. Expect a short administrative turnaround; local practice may vary.
3. On timely payment, the seller signs and records the deed at closing. The parties then file a stipulation of dismissal or notice of satisfaction so the clerk can close the proceeding. If payment is not made, file a notice/motion under the default clause to lift the stay and proceed with partition (appointment of commissioners or sale in lieu of partition as applicable).

Exceptions & Pitfalls

• Heirs property: If the property is inherited and meets the statutory definition, the court may require appraisal and offer statutory buy‑out windows before any sale. Those timelines are strict.
• Financing risk: Require proof of funds and use an attorney trust account or escrow instructions; consider time‑is‑of‑the‑essence language.
• Title and liens: Confirm who must sign the deed (all record owners and lienholders if needed). Address taxes, excise tax, and recording fees in the agreement.
• Party participation: Ensure all co‑owners are parties and sign the settlement; missing signatures can derail approval.
• Default terms: Be explicit about what constitutes default, any notice/cure period, and that the partition proceeding automatically resumes without a new filing.

Talk to a Partition Action Attorney

If you’re dealing with a buy‑out versus partition decision and need a consent order that works and is enforceable, our firm has experienced attorneys who can help you understand your options and timelines. 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.