Short Answer

In a North Carolina partition case, put the buy-out terms in a written, signed settlement that the Clerk of Superior Court can adopt as a consent order. Set a firm payment date, spell out the deed exchange, and add security (escrow, deed of trust, or bond). Include automatic consequences for nonpayment (lifting any stay and resuming partition) and court enforcement tools, such as a Rule 70 deed if someone refuses to sign.

Understanding the Problem

You are a co-owner in a North Carolina partition action with court-ordered mediation. You want a buy-out settlement that requires payment by a set deadline and ensures the deed transfers happen, with a clear fallback to continue the partition if the payment does not arrive on time.

Apply the Law

In North Carolina, partition cases are special proceedings handled by the Clerk of Superior Court. The clerk can order mediation and the parties may resolve the case by a written, signed settlement. To make a buy-out stick, reduce the deal to a consent order or judgment in the partition file that sets a definite payment date, details deed execution and recording, and specifies what happens if either side fails to perform. If someone refuses to sign a deed the court ordered, Rule 70 allows the court to direct another person to sign for them. If the buy-out fails, the case can proceed with partition—often a court-supervised sale that includes an upset-bid period.

Key Requirements

• Written, signed terms: Document the settlement at mediation and have all co-owners sign before leaving.
• Clear price and deadline: State the exact buy-out amount and a firm payment due date; avoid open-ended contingencies.
• Security for payment: Use escrowed funds, a deed of trust, a nonrefundable deposit, or a bond to back the deadline.
• Deed logistics: Provide who prepares deeds, when they are signed, escrow/recording mechanics, and how liens or taxes are handled.
• Enforcement and default: Build in automatic consequences for missed deadlines (lift stay; resume partition) and authorize Rule 70 relief if a party refuses to convey.
• Court approval and stay: File a consent order with the Clerk of Superior Court and request a stay of the partition through the payment date.

What the Statutes Say

• North Carolina Gen. Stat. § 7A-38.3B (Mediation before the Clerk) – Clerk may order and manage mediation in matters before the clerk, including special proceedings.
• North Carolina Gen. Stat. § 1A-1, Rule 70 (Judgment for specific acts) – Court can order a conveyance and direct another to sign if a party fails to do so.
• North Carolina Gen. Stat. § 1-339.36 (Upset bids) – Judicial sales include a 10-day upset bid period, relevant if the buy-out fails and a sale proceeds.

Analysis

Apply the Rule to the Facts: With mediation set, negotiate a written, signed settlement that sets the buy-out amount and a hard payment date. File a consent order asking the Clerk of Superior Court to stay the partition until that date, escrow deeds and funds, and authorize Rule 70 relief if someone refuses to sign. If the payment is missed, the order should automatically lift the stay so the partition proceeds without further delay.

Process & Timing

1. Who files: Either party. Where: Clerk of Superior Court in the county where the property is located. What: Mediated Settlement Agreement (AOC-DRC-15 or AOC-DRC-16) and a proposed Consent Order staying the partition and setting payment/deed terms. When: Execute at mediation and file promptly; ask the clerk to enter the order before the payment window opens.
2. On-time performance: By the deadline, the paying party wires funds to escrow; deeds are released, recorded, and the clerk enters a dismissal or final consent judgment closing the proceeding. This can often be completed within days of payment.
3. Default path: If payment is not received by the deadline, file a motion to lift the stay and proceed with partition. Seek Rule 70 relief to compel deed execution if needed. If partition by sale is ordered, expect a court-supervised judicial sale with at least a 10-day upset bid period after each bid cycle.

Exceptions & Pitfalls

• Unrepresented or absent co-owners: Ensure every co-owner is a party and signs; otherwise, enforcement may be limited.
• Vague or conditional terms: Avoid “subject to financing” without firm dates, escrow instructions, and remedies.
• No security: Use escrow, deposits, a deed of trust, or a bond to back the payment deadline.
• Signature refusal: Include Rule 70 language so the court can direct execution of deeds if someone balks.
• Minors or incompetents: Guardians ad litem and additional approvals may be required, which can add time.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner buy-out and need clear deadlines and enforcement terms, 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.