Can the court require service at multiple addresses or alternate methods if the co-owner ignores mail and calls? – North Carolina

Short Answer

Yes. In a North Carolina partition case, the court (often through the Clerk of Superior Court handling the special proceeding) can require service that is reasonably calculated to give notice, which may include trying more than one address and, if the co-owner cannot be located after due diligence, authorizing service by publication. If the co-owner is known but is simply refusing to respond, the key issue is usually proving proper service under the civil rules—not whether the co-owner cooperates.

Understanding the Problem

In North Carolina, a co-owner seeking to end co-ownership through a partition case must make sure the other co-owner receives formal notice of the case. The decision point is what happens when a known co-owner does not answer calls or respond to mailed papers: can the court require attempts at more than one address or allow alternate methods so the case can move forward. The practical focus is whether the filing party can show the court that reasonable steps were taken to serve the co-owner in a way the law recognizes.

Apply the Law

Partition is typically handled as a special proceeding in the county where the property sits, and the Clerk of Superior Court plays a central role. North Carolina law requires the petitioner to serve the summons and petition on people known to have an interest in the property. If a person’s location cannot be found after due diligence, the court can authorize service by publication under the civil rules for special proceedings. In modern partition proceedings, the court may also appoint a guardian ad litem for unknown or unlocatable parties, which can add time and steps.

Key Requirements

Valid service (not just “actual notice”): The case moves forward based on service that satisfies the civil rules; ignoring calls or refusing to open mail does not, by itself, defeat proper service.
Due diligence before publication: If the co-owner’s location cannot be found, the petitioner generally must document reasonable efforts to locate and serve the co-owner before the court authorizes publication.
Partition-specific notice steps: Partition statutes can require publication notice in addition to serving known interested parties, and the publication schedule creates its own timeline.

What the Statutes Say

N.C. Gen. Stat. § 43-17.2 (Publication of notice; service of process) – Requires a published notice once a week for four weeks in the county where the land is located and requires service of summons and the petition on known interested persons.
N.C. Gen. Stat. § 46A-22 (Unknown or unlocatable parties; summons, notice, and representation) – If a required person’s name or location cannot be found after due diligence, the court must authorize service by publication under Rule 4 and must appoint a guardian ad litem for unknown or unlocatable persons.

Analysis

Apply the Rule to the Facts: The facts describe a co-owner who is known (a cousin) and appears to be unresponsive while the filing co-owner lives out of state and wants an attorney to file the partition petition. If the cousin’s location is known (or can be confirmed through reasonable investigation), the case usually focuses on completing Rule-compliant service at that address (and any other reasonably likely addresses) and documenting the attempts. If the cousin’s location truly cannot be found after due diligence, the court can authorize service by publication, which can extend the timeline because publication runs for multiple weeks and the response date must be set far enough out.

Process & Timing

Who files: The co-owner seeking partition (the petitioner), through counsel if desired. Where: Clerk of Superior Court in the county where the property is located (special proceeding). What: Petition for partition and summons. When: Filing starts the case; service efforts begin immediately after filing.
Service attempts: If there is more than one plausible address (for example, the property address and a separate mailing address found through reliable records), the petitioner can attempt service at each. If those attempts fail or the address cannot be confirmed after due diligence, the petitioner can ask the court to authorize service by publication under the civil rules referenced in the partition statutes.
Publication and response window: For certain partition notices, publication runs once a week for four weeks, and the notice must give interested persons a date to appear that is at least 30 days after the first publication. This publication schedule can become a built-in timing driver even when personal service is also attempted.

Exceptions & Pitfalls

Known but evasive vs. truly unlocatable: Courts often treat “refusing to respond” differently from “cannot be found.” Publication is usually tied to inability to locate after due diligence, so the file should clearly document what was done to locate and serve.
Weak diligence record: Asking for publication without a clear, dated record of search and service attempts can delay the case or lead to service challenges later.
Leaving out required parties: Partition can require serving other interest-holders besides the co-owner (for example, known heirs of a deceased owner). Missing someone can lead to re-service and timeline resets.
Local practice differences: Clerks and counties can have different expectations for what “due diligence” looks like (and what affidavits they want) before authorizing publication or other steps.

Conclusion

In North Carolina partition cases, the court can require reasonable steps to serve a co-owner, which may include trying multiple likely addresses and, if the co-owner’s location cannot be found after due diligence, authorizing service by publication. Partition statutes also build in publication timing, often once a week for four weeks with an appearance date at least 30 days after the first publication. A practical next step is to file the partition petition with the Clerk of Superior Court in the county where the property sits and promptly begin documented service efforts.

Talk to a Partition Action Attorney

If a co-owner is ignoring calls and mail and a partition case needs to move forward with proper service, our firm has experienced attorneys who can help explain service options, due diligence expectations, and likely timelines in North Carolina. 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.