Short Answer

In North Carolina, an uncontested partition by sale commonly takes about 6–12 months from filing to closing; disputes, transfers to Superior Court, appeals, or multiple upset bids can extend it to 12–18+ months. Removing a non-owner occupant who is there with a co-owner’s permission often happens after the sale closes via a writ of possession; earlier removal usually needs additional court orders and can add time.

Understanding the Problem

You’re asking how long it takes in North Carolina to remove an unauthorized occupant and sell a co-owned property through partition. Here, three siblings co-own a former family home, and one sibling placed a parent-in-law in the house without a lease. You want to start a partition action to force a sale or buyout and resolve possession.

Apply the Law

North Carolina handles partition as a special proceeding started with the Clerk of Superior Court in the county where the land sits. Any co-owner may file. If a sale is more practical than physically dividing the property, the clerk can order a sale and appoint a commissioner. The sale is a judicial sale with notice and an upset-bid process, and the clerk confirms the highest final bid. Requests for injunctions or other equitable relief (for example, to remove an occupant before closing) can require transfer to Superior Court, which adds time. Possession typically changes when the sale closes; if an occupant refuses to leave, the court can issue a writ of possession to the sheriff.

Key Requirements

• Co-owner filing: Any tenant-in-common may file a verified petition for partition in the county where the property lies before the Clerk of Superior Court.
• Sale vs. split: The clerk may order a sale (instead of in-kind division) if a fair physical division isn’t practical or a sale better serves the parties.
• Commissioner sale: A court-appointed commissioner markets and sells the property as a judicial sale subject to upset bids; the clerk confirms the sale and distribution follows.
• Occupant removal: If the non-owner is there with a co-owner’s permission, early eviction is limited; removal usually occurs after closing with a writ of possession unless a court orders otherwise.
• Transfer for disputes: If a party raises factual disputes, equitable defenses, or requests equitable relief, the clerk must transfer the matter to Superior Court, extending the timeline.

What the Statutes Say

• North Carolina Partition Statutes (Chapter 46A) – Governs partition proceedings, including partition by sale and commissioner procedures.
• G.S. 1-339.64 (Upset bids in judicial sales) – Allows new bids within a set period after a report of sale, which can extend closing.
• G.S. 1-301.2 (Transfer of special proceedings) – Requires transfer to Superior Court when issues of fact, equitable defenses, or equitable relief are raised.

Analysis

Apply the Rule to the Facts: Three siblings own the home, so any one may file for partition in the county where the house sits. Because a fair physical split of one house is impractical, a sale is the likely remedy. The occupant was placed there by a sibling, so early removal is limited; in practice, possession changes when the sale closes, with the sheriff available to enforce a writ if needed. Expect 6–12 months if uncontested; disagreements, transfer to Superior Court, or multiple upset bids can push this longer.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court (Special Proceedings) in the North Carolina county where the property is located. What: Attorney-drafted verified petition for partition requesting sale (and, if appropriate, interim relief). When: File once ready to proceed; initial hearing often follows service by several weeks, but timing varies by county.
2. Hearing before the clerk on partition and, if warranted, order for sale and appointment of a commissioner. The commissioner advertises and conducts a judicial sale; after the sale, the upset-bid period runs and may repeat with each higher bid.
3. After no further upset bids, the clerk confirms the sale; the commissioner closes, delivers the deed, and files a final report. If the occupant refuses to vacate, seek a writ of possession; the sheriff enforces removal. Net proceeds are then distributed per ownership shares, subject to allowed adjustments and costs.

Exceptions & Pitfalls

• If a party raises title disputes, equitable defenses, or seeks injunctions or early possession orders, the clerk must transfer the case to Superior Court, adding months.
• An occupant placed by a co-owner is not a typical tenant; early eviction can be limited and may require court orders beyond the clerk’s authority.
• Service errors slow cases; make sure all co-owners and interested parties are properly served under Rule 4.
• Multiple upset bids can significantly extend the closing timeline; plan for this in sale strategy and scheduling.

Talk to a Partition Action Attorney

If you’re dealing with a co-owned home, an uncooperative co-owner, and a non-owner occupant, 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.