Jan92026
Partition Action Q&A Series

Can the served co-owner ask for more time to respond, and does that delay the hearing? – North Carolina

Short Answer

Yes. In a North Carolina partition case, a served co-owner can ask the clerk of superior court for more time to file an answer, but the request must show good cause and it is not automatic. If the clerk grants extra time, the hearing is often continued or rescheduled so the response can be filed and considered, but the court can also keep the hearing date in place depending on what is scheduled and what issues are set for hearing.

Understanding the Problem

In a North Carolina partition special proceeding, can a co-owner who was formally served with the petition ask the clerk of superior court for more time to file a response, and if so, does that request push back the hearing date? The decision point is whether the responding co-owner gets an extension of the answer deadline and whether the clerk continues the hearing to allow that response to be filed and addressed.

Apply the Law

Partition cases in North Carolina are handled as special proceedings, typically before the clerk of superior court. After service, a respondent generally has a set time to file an answer (or certain motions). The clerk has limited authority to enlarge the time to file pleadings for good cause, and the enlargement is capped by statute in partition matters. Whether the hearing date moves usually depends on what the hearing is for and whether fairness and scheduling require a continuance.

Key Requirements

  • Timely response window: In a partition proceeding, the answer deadline is tied to the special-proceeding summons rules, and Chapter 46A points to the specific statute that sets the answer period.
  • Good-cause extension request: Extra time generally requires a request showing a real reason (for example, needing time to hire counsel, gather documents, or address service/notice issues).
  • Limited enlargement in partitions: North Carolina law caps how much extra time can be added for pleadings in partition matters and limits repeated extensions unless unusual circumstances caused the default.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a co-owner/relative was formally served with the partition petition. Under North Carolina’s partition and special-proceeding rules, that service starts the clock for the co-owner’s answer deadline. If the co-owner needs more time, the co-owner can ask the clerk to enlarge the deadline for good cause, but the law limits how much extra time is available in partition cases and does not treat extensions as automatic.

Process & Timing

  1. Who files: The served co-owner (respondent) typically files the request. Where: With the Clerk of Superior Court in the county where the partition special proceeding is pending. What: A written motion/request to enlarge time to file an answer (and, if needed, a motion to continue any scheduled hearing). When: Ideally before the answer deadline expires; in Chapter 46A partition cases, the answer deadline is generally 30 days after service under the special-proceeding summons statute.
  2. Notice and scheduling: The clerk may require the request to be served on the other parties and may set it for hearing or decide it based on filings, depending on local practice and what is already on the calendar.
  3. Effect on the hearing date: If the clerk grants an extension and the pending hearing would effectively decide issues that depend on the answer (or defenses/objections), the clerk often continues or reschedules the hearing. If the hearing is administrative or limited in scope, the clerk may keep the date and address scheduling separately.

Exceptions & Pitfalls

  • “More time” is capped in partition cases: North Carolina law allows enlargement for good cause, but it limits how much extra time can be added in partition matters and limits repeated extensions unless unusual circumstances caused the default.
  • Extension vs. continuance are different: Getting extra time to answer does not automatically move a hearing date. A separate request to continue may be needed if a hearing is already set.
  • Waiting until the last minute: Filing after the deadline (or right before a hearing) increases the risk of denial, a rushed schedule, or avoidable motion practice. Local clerk practices also vary by county.

Conclusion

Yes—under North Carolina partition procedure, a served co-owner can ask the clerk of superior court for more time to file an answer, but the request must show good cause and the law limits how much extra time is available in partition cases. Whether the hearing is delayed depends on what is set for hearing and whether the clerk grants a continuance. The most practical next step is to file a motion to enlarge time (and, if a hearing is already scheduled, a motion to continue) before the 30-day answer deadline runs.

Talk to a Partition Action Attorney

If a co-owner has been served in a North Carolina partition case and is asking for more time to respond, our firm has experienced attorneys who can help explain the deadlines, what to file with the clerk, and how a request may affect the hearing schedule. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.