Jan262026
Partition Action Q&A Series

Can I ask the court for a default judgment if the other co-owners were served but never filed a response? – North Carolina

Short Answer

Yes—if the other co-owners were properly served in a North Carolina partition case and did not answer within the required time, it may be possible to ask the Clerk of Superior Court (or the judge, depending on the request) to enter default and then a default judgment. But a default does not automatically hand the property to one side; the court still has to enter the appropriate partition orders and follow the required process. The first step is usually proving valid service and that the answer deadline has passed.

Understanding the Problem

In a North Carolina partition action, can the filing party ask the court to enter a default judgment when other co-owners were served with the lawsuit but never filed a response? The decision point is whether the served co-owners missed the legal deadline to answer the partition petition, which can allow the case to move forward without their participation. The issue often comes up in family co-ownership situations where one co-owner controls access to the home and the other co-owners want the court to step in.

Apply the Law

North Carolina partition cases are filed in Superior Court and are typically handled through the Clerk of Superior Court for many steps. When a respondent is served but does not answer on time, North Carolina procedure may allow an entry of default and, in the right circumstances, a default judgment. In partition proceedings specifically, the answer period is tied to the statute that sets the time to answer the summons in a partition case, and the court must also be satisfied that service and jurisdiction are proper before entering a judgment against a non-appearing party.

Key Requirements

  • Proper service: The record must show the co-owner was served in a legally valid way (for example, by sheriff or another authorized method) and that proof of service was filed.
  • Answer deadline has passed: The co-owner must have failed to file a timely answer within the period allowed for partition summonses.
  • Requested relief fits a default posture: The relief requested must be something the clerk or court can grant on default, and the court must have enough information to enter the appropriate partition orders (even if the other side stays silent).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, multiple family members appear to co-own a home, and at least one co-owner is controlling access and making changes that may affect value. If the non-occupying co-owners file a partition case and the occupying co-owner (and any other co-owners) are properly served but do not respond by the deadline, the filing party can typically ask the court to enter default and proceed. Even then, the case usually still requires the court to enter partition-specific orders (such as appointing the appropriate person to handle the partition process and addressing sale versus division), rather than simply awarding the home to the filing party because no answer was filed.

Process & Timing

  1. Who files: The petitioner (a co-owner seeking partition). Where: Office of the Clerk of Superior Court in the county where the property is located in North Carolina. What: A request for entry of default/default judgment supported by proof of service and a showing that the answer time has expired. When: After the statutory answer period in the partition summons has run.
  2. Clerk/court review: The clerk (or judge, depending on what is being requested) reviews whether service was valid and whether the file supports entering judgment against a non-appearing party, including any required proof that the court has jurisdiction.
  3. Partition proceeds: If default is entered, the partition case can move forward through the required steps to reach a final partition order (often involving additional filings, notices, and court-supervised steps before any sale or distribution occurs).

Exceptions & Pitfalls

  • Service problems: If service was defective (wrong address, improper method, missing proof of service), a default can be denied or later set aside.
  • Default is not the finish line: In partition, a default usually helps the case move forward, but it does not eliminate the need for partition-specific orders and procedures.
  • Jurisdiction proof may be required: When a party does not appear, the court may require additional proof that it has the right kind of jurisdiction over the property and the parties before entering judgment.

Conclusion

In North Carolina, when co-owners in a partition action were properly served but did not answer on time, the filing party can often ask the Clerk of Superior Court (or the court) to enter default and then a default judgment that allows the partition case to proceed. The court still must confirm valid service and jurisdiction and then enter the proper partition orders. The practical next step is to file a request for default with the Clerk of Superior Court after the partition summons answer deadline has expired.

Talk to a Partition Action Attorney

If a co-owner was served in a North Carolina partition case but never responded, our firm has experienced attorneys who can help explain the default process, confirm service, and keep the case moving toward a court-ordered resolution. 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.