Short Answer

Yes. In a North Carolina partition action, distribution is made under a court order and carried out by the court-appointed commissioner or, in some cases, the Clerk of Superior Court. You should update your mailing address in writing before the consent order is entered or before the commissioner issues checks. If the order already lists an old address, you will likely need a short amended order or written direction from the Clerk.

Understanding the Problem

You are a North Carolina co-owner in a court-ordered partition sale. A consent order is being prepared that sets fees and each owner’s share, and you will sign electronically. Checks will be mailed after the order is entered. Your question is whether you can change the address where your distribution check will be mailed and how to do it before the checks go out.

Apply the Law

In North Carolina partition cases, the Clerk of Superior Court oversees the special proceeding. After a sale is confirmed and costs are set, a commissioner typically disburses proceeds exactly as the order directs. Judicial sale procedures apply, and later filings (like a notice of address change) are served under the Rules of Civil Procedure. Practically, the safest way to change where a check is sent is to ensure the consent order itself (or a short amendment) states the correct payee name and mailing address. If the order is already entered, the commissioner generally needs either a written directive from the Clerk or a brief amended consent order before mailing to a new address.

Key Requirements

• Give written notice: File a simple Notice of Change of Address in the partition case and serve it on all parties and the commissioner under Rule 5.
• Get the order right: Make sure the consent order identifies the correct payee name and mailing address; if not, request a short amended order.
• Confirm who pays: Verify whether the commissioner or the Clerk will cut the check and provide any requested W-9 that reflects your updated address.
• Act before disbursement: Update your address before the order is entered or before the commissioner prints checks; post‑order changes usually need an amended order or Clerk directive.

What the Statutes Say

• North Carolina Gen. Stat., Chapter 46A (Partition) – Governs partition proceedings, including appointment of a commissioner, sale, and distribution under court order.
• N.C. Gen. Stat. § 1-339.1 (Judicial sales; procedures) – Partition sales use judicial sale procedures; commissioners follow the court’s directives.
• N.C. R. Civ. P. 5 (Service and filing) – Later filings (like a notice of address change) are served on parties after the case begins.

Analysis

Apply the Rule to the Facts: Because your distribution will be paid under a consent order, the surest way to control where the check goes is to have the order state your current mailing address. File and serve a Notice of Change of Address now and have your attorney ensure the consent order reflects it before you e‑sign. If the order gets entered with the old address but checks have not yet been cut, promptly notify the commissioner in writing; if the order specifies the prior address, seek a short amended consent order or a Clerk’s written directive.

Process & Timing

1. Who files: You (through your attorney) or a self‑represented party. Where: The partition special proceeding file with the Clerk of Superior Court in the county where the case is pending. What: A Notice of Change of Address (simple captioned filing) and an updated W‑9 if requested; ensure the consent order lists the updated address. When: Do this before you sign the consent order and before the commissioner issues checks.
2. Circulate the revised consent order for e‑signature and file it. The Clerk typically enters consent orders within a short period, though timing varies by county.
3. The commissioner (or Clerk, if designated) issues checks and mails them to the address stated in the order or as directed by a subsequent written order.

Exceptions & Pitfalls

• If the consent order lists a specific address, the commissioner will follow it; changing after entry usually requires an amended order or a written directive from the Clerk.
• Serve your notice under Rule 5 and copy the commissioner; relying on postal forwarding alone risks delay or returned checks.
• Name or tax ID mismatches (e.g., W‑9 not matching the payee in the order) can hold up disbursement—align payee details with the order.
• If funds are disbursed through the Clerk, follow that office’s ID and address-verification steps; some clerks require in‑person pickup or formal written instruction.

Talk to a Partition Action Attorney

If you’re dealing with a partition sale and need to be sure your distribution is sent to the right place, 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.