Jan272026
Partition Action Q&A Series

Can I have one attorney handle the property dispute while another attorney handles the trust administration? – North Carolina

Short Answer

Yes. In North Carolina, it is common to have one attorney focus on the real estate dispute (such as a partition action to force a sale or division) while another attorney handles trust administration tasks (such as collecting assets, paying valid expenses, and making distributions). The key is making sure the two matters do not conflict and that both attorneys coordinate on deadlines, documents, and who has legal authority over the property.

Understanding the Problem

In a North Carolina trust-related real estate dispute, can one attorney handle the court process to split or sell shared property while a different attorney handles the trust administration work? The decision point usually turns on whether the property issue is a separate court case (a partition proceeding) and whether the trust administration work is being handled outside that case, even though both involve the same real estate and the same family members.

Apply the Law

North Carolina law treats a partition case as a specific court proceeding designed to end a forced co-ownership of real estate. Trust administration, by contrast, focuses on the trustee’s (or other fiduciary’s) duties to gather trust property, manage it, keep records, and distribute it under the trust terms. Because these are different legal “lanes,” it often makes sense for different attorneys to handle them—so long as everyone is clear about (1) who the client is for each attorney, (2) who has authority to act for the trust or the property, and (3) how information will be shared.

Key Requirements

  • Clear roles and authority: The partition attorney focuses on the real estate ownership dispute and the remedy (division or sale). The trust attorney focuses on fiduciary administration (accounting, notices, distributions, and related issues).
  • No conflicts of interest: Each attorney must confirm that representing the chosen client does not create a conflict (for example, representing multiple family members with different goals).
  • Coordination on the same asset: If the trust owns an interest in the property, the trustee’s actions (or lack of action) can affect the partition case, and the partition case can affect how the trust is administered and distributed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a trust-related dispute where a relative resists splitting or selling shared real estate and dividing assets, and where accountants and a separate trust/estate attorney are already involved. That setup often supports using two attorneys: one to address the likely need for a court-ordered sale or division of the real estate (a partition proceeding under Chapter 46A), and another to handle the trust administration work (collecting information, coordinating with accountants, and preparing for distributions). The main practical issue is confirming whether the trust, the individuals, or both hold title to the real estate, because that determines who must be named and who has authority to act in the partition case.

When a co-owner refuses to cooperate, a partition case can be the tool that forces a resolution of the real estate ownership problem. Separately, trust administration work often continues in parallel—gathering records, valuing assets, tracking expenses, and preparing for distributions—so long as the trust attorney and partition attorney coordinate on how the real estate will be handled and what proceeds or allocations the trust expects to receive.

For background on how this tool is used in family disputes, see when a partition action makes sense in a family trust or inheritance dispute and how a court-ordered sale can work when co-owners refuse to sell.

Process & Timing

  1. Who files: A cotenant (co-owner) or an interest-holder with standing under North Carolina partition law. Where: The Clerk of Superior Court in the county where the real property is located (partition is typically handled as a special proceeding). What: A petition requesting partition (actual division) or partition by sale, with supporting allegations about ownership interests and why the requested method is appropriate. When: There is no single universal “partition deadline,” but timing matters if the trust administration has distribution targets, if expenses are accruing, or if a sale is needed to prevent ongoing losses.
  2. Next step: The court addresses the method of partition (division vs. sale) and, if a sale is ordered, appoints a commissioner and sets sale procedures. If a public sale is ordered, notice requirements apply and can affect the schedule.
  3. Final step: The sale is conducted (or the property is divided), the court confirms the result, and proceeds are distributed to the owners according to their interests (with any trust share then flowing into the trust for administration and distribution).

Exceptions & Pitfalls

  • Unclear title or mixed ownership: If the deed shows the trust owns the property (or a share), the trustee may need to participate directly. If individuals own it outside the trust, the trust administration attorney may have limited authority over the real estate dispute.
  • Conflicting positions between the two matters: A trust administration approach (for example, holding property for a period) can clash with a partition strategy (forcing a sale). Coordination is essential so one case does not undermine the other.
  • Client identity and privilege problems: When multiple family members are involved, it is easy to assume one attorney “represents everyone.” Each attorney should clearly document who the client is and how confidential information will be handled.
  • Sale vs. division proof issues: A court cannot order a sale just because family members disagree. The party seeking a sale must prove substantial injury if the property were physically divided.
  • Notice and procedure missteps: Partition sales have technical notice and process requirements. Missing a required step can delay the sale and increase costs.

Conclusion

North Carolina law allows a real estate co-ownership dispute to be handled through a partition proceeding, while trust administration can be handled separately at the same time. Using two attorneys is often practical because the partition case focuses on ending shared ownership (by division or sale), while trust administration focuses on managing and distributing trust assets. The most important next step is to confirm how title is held and then file the partition petition with the Clerk of Superior Court in the county where the property sits if a court-ordered division or sale is needed.

Talk to a Partition Action Attorney

If a family trust or inheritance dispute is heading toward a forced sale or division of real estate, our firm has experienced attorneys who can help explain the partition process, coordinate with trust counsel, and keep the case moving on the right timeline. 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.