How do I request an extension of time to respond to a partition petition? – North Carolina

Short Answer

In North Carolina partition cases, you generally have 10 days after service of the special proceeding summons and petition to file a written answer with the Clerk of Superior Court. To get more time, file a Motion to Enlarge Time under Rule 6, explaining why you need the extension. If you ask before the 10-day deadline, you must show good cause; if you ask after it expires, you must show excusable neglect.

Understanding the Problem

You are a North Carolina co-owner named as a respondent in a partition proceeding and want to know how to get more time to file your answer with the Clerk of Superior Court. You received the petition and summons, and the clock is running. One key fact: you have been paying the property’s carrying costs. You want time to explore a negotiated sale and cost-sharing before the case moves forward.

Apply the Law

Partition is a “special proceeding” filed with the Clerk of Superior Court. Respondents must file a written answer quickly, but the Clerk may extend that deadline. The Rules of Civil Procedure apply to special proceedings unless a specific partition statute says otherwise. Rule 6 allows the Clerk to enlarge the time to act. The answer is due within 10 days after service; the request for more time is made by motion filed in the same special proceeding.

Key Requirements

• Forum: File and address your request to the Clerk of Superior Court in the county where the property is located.
• Answer deadline: A written answer is due 10 days after service of the special proceeding summons and petition.
• How to ask: File a Motion to Enlarge Time (Rule 6), with a brief explanation and a proposed order; seek consent from other parties if possible.
• Standard before deadline: Show good cause for an extension (e.g., active settlement talks, need to gather records, retain counsel).
• Standard after deadline: Show excusable neglect (a higher bar) and ask for an extension promptly.
• Service: Serve your motion on all parties; after the initial service, most filings are served under Rule 5.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Governs partition special proceedings before the clerk.
• North Carolina Gen. Stat. § 1-394 (Special Proceeding Summons and Answer) – Requires a written answer within 10 days after service.
• North Carolina Gen. Stat. § 1-393 (Rules Apply to Special Proceedings) – Applies the Rules of Civil Procedure to special proceedings unless otherwise provided.
• North Carolina Rule of Civil Procedure 6 (Time; Extensions) – Allows the clerk to enlarge time for good cause, and after expiration upon excusable neglect.

Analysis

Apply the Rule to the Facts: Because a partition petition was served on you, your answer is due within 10 days. You can ask the Clerk for more time by filing a Rule 6 motion. Your ongoing payment of taxes, insurance, and other carrying costs supports good cause to pause while you gather records and discuss a settlement or cooperative sale. If the 10 days has already passed, file immediately and explain any excusable neglect.

Process & Timing

1. Who files: Respondent co-owner. Where: Clerk of Superior Court in the county where the property sits. What: Motion to Enlarge Time to Answer (Rule 6) with a proposed order; attach a short declaration explaining your reasons. There is no AOC motion form; use the partition caption and special proceeding number (the summons is AOC-SP-100). When: File before the 10-day answer deadline if possible; if late, file promptly and show excusable neglect.
2. Serve your motion on all parties. Many clerks decide unopposed or consent motions on the papers; if not, the clerk may set a brief hearing within a short timeframe.
3. If granted, calendar the new answer date and file your answer (and any counterclaims or defenses) within the extended period. Continue settlement talks in parallel.

Exceptions & Pitfalls

• If you miss the 10-day window, the Clerk can still extend time, but you must show excusable neglect. Act quickly and explain the circumstances.
• Do not rely on informal agreements; get written consent and submit a proposed consent order for the Clerk to sign.
• Make sure you serve your motion correctly. After initial service, use Rule 5 service on counsel or parties who have appeared.
• Heirs’ property cases can have additional appraisal and buyout timelines. Deadlines can be short; verify early so you preserve options.

Talk to a Partition Action Attorney

If you’re dealing with a partition petition and need time to respond or explore settlement, 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.