Short Answer

Often, yes. In North Carolina, the presiding judicial official (usually the Clerk of Superior Court in a partition special proceeding) may allow remote participation by video under state law. However, it is discretionary. If the clerk or a superior court judge later handling the case requires in‑person attendance, you must appear or have your attorney appear in person.

Understanding the Problem

You co-own a North Carolina home with a former spouse, want to end your co-ownership and receive your share of equity, and you live out of state. If negotiations fail, you may need a partition case to divide or sell the property. Your question is whether you can attend required hearings remotely in a North Carolina partition proceeding.

Apply the Law

In North Carolina, partition cases start as special proceedings before the Clerk of Superior Court in the county where the property sits. The clerk manages service of process, answers, hearings, and may order mediation. If a party raises factual disputes or equitable defenses, the clerk must transfer the case to a superior court judge. North Carolina law authorizes judicial officials to conduct many civil proceedings by remote audio-video, but it remains a case-by-case decision.

Key Requirements

• Proper forum: File the partition as a special proceeding with the Office of the Clerk of Superior Court where the property is located; the clerk presides initially.
• Service and response: Serve the Special Proceedings Summons and petition under Rule 4. Respondents generally have 10 days to answer after service.
• Transfer if contested: If an answer raises issues of fact or equitable defenses, the clerk must transfer the matter to superior court for a judge to hear it.
• Remote discretion: The clerk or judge may allow or deny remote appearance; you can request video participation, but it is not guaranteed.
• Oath and evidence: If you testify remotely, you must be able to take an oath on camera, show identification, and present exhibits electronically as the court directs.
• Mediation option: The clerk may order mediation to promote resolution; mediation may be conducted remotely if the court and mediator permit.

What the Statutes Say

• N.C. Gen. Stat. § 7A-49.6 (Remote proceedings) – Allows judicial officials to conduct proceedings by audio-video communication in their discretion.
• N.C. Gen. Stat. § 1-394 (Special proceedings: summons and answer) – Addresses issuance of summons, service under Rule 4, and time to answer.
• N.C. Gen. Stat. § 1-301.2 (Transfer from clerk to superior court) – Requires transfer when issues of fact, equitable defenses, or equitable relief are raised.
• N.C. Gen. Stat. § 7A-38.3B (Mediation in matters before the clerk) – Authorizes the clerk to order mediation in clerk matters.

Analysis

Apply the Rule to the Facts: Because you live out of state, you can ask the Clerk of Superior Court to let you participate in hearings by video. North Carolina law permits this, but the clerk decides whether to grant it. If your former spouse contests key issues (for example, division versus sale) and the case is transferred to a superior court judge, you can renew your remote request there. Bring reliable video capability and ID for any sworn testimony.

Process & Timing

1. Who files: A co-owner (you) as petitioner. Where: Office of the Clerk of Superior Court in the North Carolina county where the property is located. What: Verified partition petition and Special Proceedings Summons (AOC‑SP‑100). When: After filing, serve the respondent; the respondent generally has 10 days to answer from service.
2. Request remote appearance in writing as early as possible and confer with the clerk’s office about local technology requirements. If the case is contested, the clerk may set a hearing and may also order mediation; these steps can take several weeks to a few months depending on county schedules.
3. If transferred to superior court, the judge sets further hearings. If sale is ordered, the court appoints commissioners or directs sale procedures; future hearings or confirmations may still be held remotely if approved.

Exceptions & Pitfalls

• The court can require in-person attendance for credibility determinations, complex evidence, or if technology is inadequate.
• Poor internet, missing ID, or inability to share exhibits can derail remote testimony—test your setup and coordinate exhibit exchange in advance.
• If the other side raises factual or equitable issues, transfer to superior court is mandatory; you must renew any remote request with the judge.
• Service defects (wrong address or method) can delay your hearing; use Rule 4 service and file proof of service.

Talk to a Partition Action Attorney

If you’re dealing with a disputed partition or sale and need guidance on requesting remote participation in North Carolina, 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.