Short Answer

In North Carolina partition cases, you can ask the Clerk of Superior Court to order pre-mediation document exchange and authorize subpoenas for bank, management, and tax records. If your co-owner still withholds records, you can move to compel under the civil rules, seek sanctions, or request an extension of the mediation deadline. At mediation, you can also protect yourself with holdbacks, indemnities, or a post-closing true-up managed by a CPA.

Understanding the Problem

You’re in a North Carolina partition proceeding, headed to mediation to negotiate a buyout of your interest, but you haven’t received any distributions. You need accurate rent, expense, and tax records to price a buyout, set fair credits for taxes and repairs, and resolve indemnity terms. Without those records, you risk agreeing to the wrong number or missing key offsets.

Apply the Law

North Carolina partition actions are special proceedings before the Clerk of Superior Court. The clerk can order mediation in matters before the clerk and can set deadlines for exchanging information. Parties may use civil discovery tools to obtain rent rolls, bank statements, management reports, invoices, and tax materials. If a party refuses, the court can compel production and may impose sanctions. The partition statutes allow adjustments for rents collected and credits for necessary expenses; accurate records are essential to calculate those offsets and any buyout price.

Key Requirements

• Get the records you need: Request rent rolls, bank statements, leases, invoices, and tax schedules that show income and expenses tied to the property.
• Use court authority: Ask the Clerk of Superior Court to order pre-mediation production and authorize subpoenas to banks, property managers, and CPAs.
• Compel if necessary: If your co-owner does not comply, file a motion to compel and seek appropriate sanctions.
• Protect the buyout math: In mediation, account for credits/charges (rents collected, taxes, necessary repairs) and consider escrow holdbacks and a CPA true-up if records are incomplete.
• Mind deadlines: Discovery responses generally run on civil-rule timelines, and mediation has a court-ordered completion deadline; seek an extension if needed.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Governs partition by division or sale and the adjustment of credits among co-owners.
• North Carolina Gen. Stat. § 7A-38.3B (Mediation before the Clerk) – Clerk may order mediation and set procedures in matters before the clerk.
• North Carolina Gen. Stat. § 1A-1, Rule 45 (Subpoenas) – Subpoena documents from parties and third parties (e.g., banks, managers).
• North Carolina Gen. Stat. § 1A-1, Rule 37 (Motion to Compel; Sanctions) – Enforce discovery and seek sanctions for noncompliance.

Analysis

Apply the Rule to the Facts: Because you have not received distributions, ask the clerk to order your co-owner to produce rental and expense records and authorize subpoenas to third parties holding key data (banks, property manager, CPA). Those documents allow you to calculate credits for taxes and necessary repairs and to confirm any rents collected. If records remain missing, move to compel and, at mediation, protect yourself with a holdback and a CPA-administered true-up to finalize the buyout price.

Process & Timing

1. Who files: A co-owner. Where: Clerk of Superior Court in the North Carolina county where the property is located. What: Motion for pre-mediation document production and authority to issue subpoenas; serve targeted requests (rent rolls, bank records, tax schedules, invoices). When: File promptly; request a production deadline at least 10–14 days before mediation. If needed, move to extend the mediation completion date.
2. If your co-owner does not comply, file a Rule 37 motion to compel and request appropriate sanctions. Simultaneously, subpoena third-party records (banks, property managers, CPAs) under Rule 45. Local scheduling and lead times can vary by county.
3. Use the produced records to negotiate a buyout that includes credits for rents collected, taxes, insurance, mortgage interest, and necessary repairs. If records are still incomplete, include an escrow holdback and post-closing CPA true-up, plus tax indemnification.

Exceptions & Pitfalls

• Heirs property rules may add steps and timelines in some partitions; procedures can vary by property type and ownership history.
• Overbroad requests can be denied; tailor requests to the property, time period, and issues (rents, taxes, repairs).
• Third-party subpoenas require notice and sufficient time; build in lead time for banks or managers to comply.
• Tax return privacy concerns may require a narrowly tailored request or a protective order.
• If you occupy the property, expect negotiations over move-out timing and any occupancy credit/charge; address this expressly in the settlement.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner who won’t share rental records before mediation, 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.