Short Answer

In North Carolina, you can negotiate a private purchase of the heirs’ tenancy‑in‑common interest to keep full ownership. If talks stall, the partition statutes give you a structured path: in many cases involving inherited interests, you may request an appraisal and elect a statutory buyout of the heirs’ share at fair market value before any court‑ordered sale. Partition cases start with the Clerk of Superior Court in the county where the property sits, and election/payment timelines are short.

Understanding the Problem

In North Carolina, can you buy out your late partner’s heirs to keep full ownership after an intestate death when title is held as tenants in common and the heirs are threatening a partition sale? Here, your partner died without a will, and you co-own a small multi‑unit condo without survivorship language.

Apply the Law

Under North Carolina law, when co-owners hold title as tenants in common, a deceased owner’s share passes to heirs at death. Any co-tenant may seek partition through a special proceeding before the Clerk of Superior Court in the county where the land lies. If the property qualifies as “heirs property” (because at least one co-tenant acquired title from a relative by intestacy or devise and there is no binding agreement among all co-tenants), the court follows special steps: independent appraisal, a window for nonpetitioning co-tenants to buy out the ones seeking sale, and, if no buyout occurs, preference for an open‑market sale over an auction. The clerk can also consider division in kind when practical and can award credits to account for documented carrying costs and improvements.

Key Requirements

• Confirm co-ownership and shares: Verify tenancy in common and each owner’s percentage, including the heirs’ interest that vested at death.
• Determine “heirs property” status: If any co-tenant obtained their share from a relative and there is no binding co-tenant agreement, special buyout and sale rules likely apply.
• Valuation: Agree on a price or, if in court, obtain an independent appraisal the clerk approves to set fair market value.
• Buyout election and funding: If an heirs-property process is triggered, timely elect to buy the heirs’ interest and tender payment within the clerk’s deadlines.
• Adjustments and liens: Address mortgage, taxes, insurance, necessary repairs, and improvements; seek appropriate credits and clear any liens to deliver marketable title.

What the Statutes Say

• Chapter 46A (Partition of Real Property) – Procedures for partition in kind or by sale in a special proceeding before the Clerk of Superior Court.
• Chapter 46A, Article 3A (Uniform Partition of Heirs Property) – Appraisal, co-tenant buyout rights, and open‑market sale preference if no buyout.
• G.S. 28A-15-2 (Title to Property) – Real property without survivorship vests in heirs at death.
• Chapter 1, Article 29A (Judicial Sales) – Procedures for court‑ordered sales, including upset bids.

Analysis

Apply the Rule to the Facts: Title is tenants in common, so your partner’s half vested in the heirs at death. That makes you and the heirs co-tenants. Because the heirs received their interest by intestacy and there is no survivorship or binding co-tenant agreement, the heirs‑property framework likely applies if a partition is filed. You can negotiate a private buyout now based on fair market value and expected credits; if talks fail, you can ask the clerk to order an appraisal and then elect to buy out the heirs within the set window instead of letting the property go to a court‑ordered sale.

Process & Timing

1. Who files: Any co-tenant (you or the heirs). Where: Clerk of Superior Court in the county where the condo is located. What: Petition for partition under Chapter 46A; if applicable, request a determination that the property is heirs property, an independent appraisal, and the right to elect a buyout. When: Election and payment deadlines are short once the appraisal is filed and notice issues; follow the clerk’s order closely.
2. After filing, the clerk addresses service and necessary parties (all heirs). If heirs property, the clerk appoints a qualified appraiser. When the appraisal is filed, the clerk provides notice and sets the election window for any buyout.
3. If you elect and fund the buyout on time, the clerk enters orders for conveyance of the heirs’ interest to you. If no buyout occurs, the clerk proceeds to partition in kind if feasible or to a judicial sale, typically by open‑market listing, subject to judicial sale procedures.

Exceptions & Pitfalls

• If the condo does not qualify as “heirs property,” the statutory buyout process may not apply; you can still negotiate or seek credits in a standard partition.
• Join all necessary parties; unknown or minor heirs can require a guardian ad litem. Missing a party can delay or invalidate relief.
• Document your contributions (mortgage, taxes, insurance, necessary repairs). The clerk may award credits, but they are not automatic.
• Coordinate with the lender. A buyout may trigger due‑on‑sale or require refinance to remove the heirs’ interest and liens.
• Deadlines come quickly after the appraisal. Late elections or payments can forfeit buyout rights and push the case to sale.

Talk to a Partition Action Attorney

If you’re dealing with heirs who want a partition sale and you want to keep the property, 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.