How do we ask the court to continue the hearing date if both sides are still negotiating the buyout? – North Carolina

Short Answer

In North Carolina, the usual way to move a partition hearing date while both sides negotiate a buyout is to file a written motion (or written request) asking the Clerk of Superior Court (or the judge, if the case has been transferred) to continue the hearing for good cause. If both sides consent, the request is often simpler and more likely to be granted, but the court still controls the calendar. The safest approach is to file the request promptly, explain why additional time is needed, and serve the other side.

Understanding the Problem

In a North Carolina partition action involving a jointly owned home, a hearing can be scheduled while the co-owners are still negotiating a buyout. The single decision point is whether the Clerk of Superior Court (or a judge, if the matter is in court) will move the hearing date to allow negotiations to continue. The key trigger is the upcoming hearing date, especially when it is less than a month away, because the court may expect a clear request and a clear reason for more time.

Apply the Law

Partition cases in North Carolina are commonly handled as special proceedings before the Clerk of Superior Court, at least for core partition decisions. The clerk has authority to manage the proceeding and schedule hearings, and the clerk can enter orders needed to move the case forward. A continuance request generally needs to show a practical, case-specific reason (often called “good cause”), such as ongoing settlement negotiations that could resolve the case without further hearings, plus a clear plan for what will happen during the extra time.

Key Requirements

Written request filed promptly: A motion or written request should be filed as soon as it becomes clear the hearing date will interfere with meaningful negotiations or settlement logistics.
Good-cause explanation tied to the case: The request should explain what is happening in the buyout talks (for example, appraisal timing, loan approval timing, document exchange) and why the current date is not workable.
Notice to the other side (and clarity about consent): The request should state whether the other side agrees, and it should be served so the clerk/court can see the request is fair and transparent.

What the Statutes Say

N.C. Gen. Stat. § 46A-28 (Court authority to make orders before final determination; notice and hearing) – In a partition proceeding, the court can enter interim orders before the final outcome, and the statute lays out notice and hearing mechanics for written applications in the case.
N.C. Gen. Stat. § 1-301.2 (Special proceedings heard by the clerk; transfer/appeal rules) – Explains how special proceedings are handled by the clerk, when issues may be transferred, and how clerk orders may be appealed in certain situations.

Analysis

Apply the Rule to the Facts: Here, the hearing is less than a month away and the co-owners are still negotiating a buyout. That supports a continuance request because settlement discussions can eliminate the need for the hearing or narrow what must be decided. The request is stronger if it identifies a concrete reason negotiations cannot finish before the hearing (for example, an appraisal is scheduled but not completed, a lender needs additional time to finalize financing, or the parties are exchanging draft settlement paperwork).

Process & Timing

Who files: Either party (or both parties jointly). Where: Typically with the Clerk of Superior Court in the county where the partition special proceeding is pending (or with the judge if the matter has been transferred into court). What: A written Motion to Continue (or a written request for continuance) stating the current hearing date, the requested new date range, the reason for the continuance, and whether the other side consents. When: As soon as possible after confirming negotiations will not be completed before the hearing date.
Coordinate with the other side and the calendar: If both sides agree, counsel often submits a consent continuance request (or a motion noting consent) and proposes a realistic new setting. If the other side does not agree, the motion should still be filed, but it should be prepared for the clerk/court to require a hearing on the continuance request or to keep the existing date.
Follow through with a settlement plan: If the continuance is granted, the parties should use the extra time to complete the specific steps identified in the motion (for example, exchange payoff information, finalize the buyout number, prepare a deed and settlement agreement, and plan dismissal of the partition case once the transfer is complete). If the case does settle, the parties typically file the appropriate paperwork to end the case rather than simply letting the new hearing date arrive.

Exceptions & Pitfalls

Assuming “we’re negotiating” automatically moves the date: Settlement talks do not, by themselves, change a hearing date. Without a filed request and an order continuing the hearing, the parties should assume the hearing will go forward.
Vague continuance requests: Requests that do not explain what is actually happening (and what will happen during the extra time) are easier to deny. Courts generally respond better to specific, practical reasons and a realistic timeline.
Notice and service problems: Even in a consent situation, the filing should clearly show the other side was informed and agrees (or, if not, that they were properly served). A last-minute request can also create scheduling issues and increase the chance the clerk/court keeps the hearing date.

Conclusion

In North Carolina, the standard way to move a partition hearing date while the parties negotiate a buyout is to file a written motion (or written request) asking the Clerk of Superior Court (or the judge, if transferred) to continue the hearing for good cause and to serve the other side. A consent request usually helps, but the court still must approve the change. The most important next step is to file the motion to continue with the clerk as soon as it becomes clear the buyout negotiations will not be completed before the scheduled hearing date.

Talk to a Partition Action Attorney

If you’re dealing with a partition case hearing date while both sides are still negotiating a buyout, 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.