Dec32025
Partition Action Q&A Series

If the other owner refuses to cooperate with listing or closing, what are my options? – North Carolina

Short Answer

Under North Carolina law, a co-owner who wants to sell is not stuck just because another co-owner refuses to list or close. A co-owner may file a partition action in superior court asking the court to physically divide the property or order a court-supervised sale and divide the proceeds. In that case, the court can also address unequal contributions by adjusting shares or ordering payments between co-owners so the result is equitable.

Understanding the Problem

The question is whether a North Carolina co-owner can force movement toward a sale when another co-owner will not sign a listing agreement, accept a buyer, or cooperate with closing, especially where contributions to the property have been unequal. The concern is how a co-owner can exit the co-ownership, unlock equity, and seek a fair allocation of sale proceeds despite a holdout. The issue stays within one decision point: what legal options North Carolina partition law gives a co-owner when voluntary cooperation on a sale breaks down.

Apply the Law

North Carolina’s partition statutes give any tenant in common or joint tenant a right to ask the superior court to divide or sell co-owned real estate. The partition case is filed with the clerk of superior court in the county where the property sits. The court first decides whether the property can be fairly divided in kind; if not, it may order a partition sale, usually by a court-appointed commissioner, and then divide the net proceeds. The law also allows the court to account for unequal contributions so the final distribution reflects fairness, not just record title.

Key Requirements

  • Co-ownership of North Carolina real estate: The person filing must hold title as a tenant in common or joint tenant in North Carolina.
  • Petition for partition in superior court: The co-owner must start a formal partition proceeding in the superior court of the county where the property lies and name all other co-owners as parties.
  • Decision between physical division and sale: The court must determine whether a fair physical division is possible; if not, it may order a sale and divide proceeds, using tools like adjustments and payments between owners to reach an equitable result.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the property is co-owned, so the first requirement—North Carolina cotenancy—is met. If one owner refuses to list or close, a partition petition can ask the clerk of superior court to divide the property or order a sale so the uncooperative owner cannot indefinitely block an exit. Because one owner has paid more toward purchase or upkeep, the court can consider those contributions when it divides the property or sale proceeds, using tools like owelty or contribution orders so that a non-paying owner does not automatically receive an equal dollar share.

Process & Timing

  1. Who files: A co-owner (or that co-owner’s attorney). Where: Clerk of Superior Court in the county where the North Carolina property is located. What: A verified partition petition that describes the property, lists all co-owners and their interests, and states whether an in-kind division or sale is requested, plus any request for accounting or contribution. When: Any time during co-ownership; there is no fixed statute of limitations, but delays can complicate contribution and accounting issues.
  2. The court serves all parties, then determines whether the petitioner is entitled to partition and what method to use. If an in-kind division is possible, the court appoints commissioners to inspect the property and divide it, often over several weeks or months depending on complexity and county practice. If a sale is ordered, the court appoints a commissioner to conduct a public or private sale under the judicial sale rules, with required notice periods before any auction or sale date.
  3. After a division or sale, the commissioner files a report with the court. Parties have a short window to object. If confirmed, the court enters an order approving the division or sale, accounts for expenses and contributions, and directs how to distribute deeds and sale proceeds. The final order and any deeds or sale documents formally end the co-ownership as to that property.

Exceptions & Pitfalls

  • Some properties can be fairly divided in kind; in those cases the court may split the land rather than order a sale, which affects how contributions are balanced.
  • Failing to raise claims for contribution, reimbursement, or credits (for mortgage payments, taxes, repairs, or occupancy) within the partition case can lead to a distribution that does not reflect those payments.
  • Service and notice mistakes—such as not properly joining all co-owners or lienholders—can delay the proceeding or even require starting over.
  • Assuming an automatic 50/50 split based only on deed language can be misleading; North Carolina courts focus on actual ownership interests and equitable adjustments when dividing or selling co-owned property.

Conclusion

When a North Carolina co-owner refuses to cooperate with listing or closing, the cooperating owner can petition superior court for partition of the property. The court will decide whether to divide the property in kind or order a partition sale and then divide net proceeds. In doing so, it can account for unequal contributions through adjustments or payments between shares. The key next step is to file a partition petition with the clerk of superior court in the county where the property sits.

Talk to a Partition Action Attorney

If a co-owner will not sign off on listing or closing and the goal is a fair division of sale proceeds and contributions, our firm has experienced attorneys who can help explain North Carolina partition 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.

Category: Partition Action Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.