Can I ask the court to continue the partition hearing so I can hire counsel, gather records, and because I will be traveling? – North Carolina

Short Answer

Yes. In North Carolina, a party in a partition case can ask the court to continue (postpone) a hearing, but the judge has discretion and may require a clear, specific reason and a realistic plan for what will be done during the extra time. Requests tied to hiring counsel and gathering key records often carry more weight when made promptly and supported with details. Travel alone may or may not be enough, especially if the hearing date has been set for a while.

Understanding the Problem

In a North Carolina partition action, a co-tenant may ask the court to postpone a scheduled partition hearing when more time is needed to retain an attorney, collect documents needed to address ownership, rents, or expenses, or when a party cannot attend on the scheduled date. The decision point is whether the court will allow more time before moving forward with the next step in the partition case, such as orders about possession, rents, access to the property, mediation, or a sale process. The request usually turns on timing, the reason for the delay, and whether postponing the hearing is fair to the other parties and the court’s schedule.

Apply the Law

North Carolina partition cases are handled in the county where the real property is located, typically in the Superior Court division. Judges have broad authority to manage the case and enter orders before the case is finally decided, including orders about occupancy, payment of liens, and the collection and handling of rents. A continuance is not automatic; it is a case-management decision the judge makes after considering the reasons given, the procedural posture of the case, and whether the request is supported and made in good faith.

Key Requirements

Prompt request and proper notice: The request should be made as soon as the conflict or need for more time becomes known, and it should be served on the other parties so they have a chance to respond.
Specific, supported reasons: The request should explain what counsel is being contacted, what records are needed, why they matter to the partition issues (such as rents, expenses, liens, or property management), and why the work cannot reasonably be completed before the hearing date.
Reasonable timeframe and plan: The request should propose a realistic new date or time window and describe what will be accomplished during the continuance (for example, obtaining rental ledgers, bank records, leases, repair invoices, and communicating with opposing counsel about mediation).

What the Statutes Say

N.C. Gen. Stat. § 46A-28 (Interim orders before final determination) – Allows the court, on a party’s application, to enter pre-final orders in the best interest of the parties, including orders about occupancy, payment of liens, and payment/handling of rents, with a notice-and-response process.
N.C. Gen. Stat. § 46A-2 (Notice of right to seek an attorney; answer time) – Requires the petition to include notice that a respondent has the right to seek an attorney and notes that the answer period is set by a separate statute.
N.C. Gen. Stat. § 46A-29 (Mediation) – Allows the parties to mediate and permits the court to order mediation before deciding whether to order a partition sale.

Analysis

Apply the Rule to the Facts: The facts describe a North Carolina partition action involving inherited property in two counties, with one property producing rental income that has not been shared. A continuance request tied to hiring counsel and gathering rental records can connect directly to issues the court may address early in the case, including interim orders about rents, occupancy, and property management. A travel conflict can support a continuance request, but it is usually stronger when paired with a prompt filing, proof of the conflict, and a clear explanation of why attendance (or preparation) cannot reasonably occur as scheduled.

Process & Timing

Who files: The party seeking more time (often the respondent co-tenant). Where: Superior Court in the county where the specific property in that case is pending in North Carolina. What: Typically a written motion to continue (and, if needed, a request to appear remotely if the county allows it). When: As soon as the need is known and before the hearing date, with enough lead time for the other side to respond.
Serve the other parties: The motion should be served on all parties (and any additional persons the court requires). If the request is framed as an application for an interim order under the partition statute, the opposing side may have a short window to oppose or request a hearing, and the judge may decide it with or without a hearing depending on the response.
Hearing and order: The judge may grant the continuance, deny it, or grant limited relief (for example, a shorter postponement, an order to exchange records by a certain date, or an order directing mediation before the next hearing).

Exceptions & Pitfalls

Waiting too long: Filing on the eve of the hearing without a strong reason can lead to denial, especially if the court believes the delay could have been avoided.
Vague reasons: Saying “need time to hire counsel” or “need records” without naming what counsel is being contacted, what records are missing, and why they matter to partition issues (like rents and expenses) often weakens the request.
Travel conflicts: Travel may not justify a continuance if it appears optional, was scheduled after notice of the hearing, or can be handled through remote appearance or alternative scheduling.
Ignoring rent and expense issues: In a case involving rental income, failing to ask for interim structure (such as an order addressing rent collection and accounting) can allow the dispute to worsen while the case is pending.
County-by-county practice differences: Local rules and scheduling practices vary, including how motions are calendared and whether remote appearance is permitted for certain hearings.

Conclusion

In North Carolina, a co-tenant can ask the court to continue a partition hearing, but the judge decides whether to grant it. The strongest requests are filed promptly, served on the other parties, and explain specific reasons—such as retaining counsel and obtaining rental and expense records that affect interim rent or management issues—along with a realistic plan for the added time. The next step is to file and serve a written motion to continue with the Superior Court before the scheduled hearing date.

Talk to a Partition Action Attorney

If a partition hearing is approaching and more time is needed to hire counsel, gather rental and property records, or address scheduling conflicts, an attorney can help present a focused request and protect important issues like rent accounting and interim orders. 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.