Dec32025
Partition Action Q&A Series

What happens if we can’t access the interior—will a CMA or an appraisal be enough evidence for court? – North Carolina

Short Answer

In a North Carolina partition case, a court may consider both a broker’s comparative market analysis (CMA) and a licensed appraiser’s report as evidence of value, even if the interior cannot be inspected. However, an interior-access appraisal from a licensed appraiser usually carries more weight than a CMA, and the court or commissioner may give limited weight to any valuation that clearly rests on assumptions about the inside of the property. The clerk or judge has discretion to decide what evidence is persuasive in each case.

Understanding the Problem

The narrow question is: in a North Carolina partition action, when the parties or the court-appointed commissioner cannot get inside the property, can a CMA or an appraisal based on an exterior-only inspection serve as enough evidence of value for the court? This comes up when cotenants disagree about value, the court must decide between an actual partition and a sale, or the court must decide whether a sale price is adequate. The core issue is what kind of valuation evidence a North Carolina clerk or judge will accept and how the lack of interior access affects that evidence.

Apply the Law

Under North Carolina partition law, the court must decide whether to physically divide the property or order a sale and then ensure any sale result is fair to all cotenants. Those decisions depend heavily on credible evidence of fair market value. The clerk of superior court oversees most partition proceedings, and certain orders are subject to strict time limits for objections and appeals. North Carolina’s evidence rules allow opinion testimony on value from qualified witnesses, but the court decides how much weight to give each type of valuation, especially when based on limited information.

Key Requirements

  • Competent valuation evidence: The party asking for a particular result (for example, a sale in lieu of partition or a change in a confirmed sale) must offer reliable evidence of fair market value, which typically means testimony from a licensed appraiser and/or other qualified witnesses.
  • Proof of “substantial injury” for a sale in lieu of partition: To obtain a partition sale instead of an in-kind division, the moving party must prove, by a preponderance of the evidence, that physically dividing the land would cause substantial injury to one or more cotenants, which necessarily requires some showing of comparative value under different scenarios.
  • Support for attacking or defending the sale price: After a partition sale, a party challenging the adequacy of the sale price may ask for an independent appraisal, and the court may weigh that appraisal, along with any CMA or other valuation evidence, in deciding whether the confirmed price is inadequate and inequitable.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific facts provided, consider two variations. In one scenario, a partition commissioner cannot get inside a house because an occupant refuses entry. The commissioner obtains a licensed appraiser’s exterior-only appraisal plus a broker’s CMA, both clearly stating the interior was not inspected and explaining the assumptions used. A North Carolina clerk is likely to treat the appraisal as the primary valuation evidence and may accept it, particularly if no one offers better, interior-access evidence. In another scenario, one side offers only a bare-bones CMA based on public records, while the other side presents a full appraisal with interior access; in that case, the court will almost certainly give the appraisal far greater weight than the CMA.

Process & Timing

  1. Who files: A cotenant seeking a particular outcome (such as a sale in lieu of partition or a change in the confirmed sale) files motions or petitions in the existing partition case. Where: In the office of the Clerk of Superior Court in the North Carolina county where the property lies. What: Typically a motion or petition supported by affidavits and attached valuation evidence (appraisals, CMAs, tax cards, photos). When: For a sale in lieu of partition, valuation evidence is usually presented before or at the hearing on method of partition; for a petition challenging a confirmed sale price, deadlines in the partition sale statutes and related rules govern, and some steps must occur within days or weeks of confirmation.
  2. The clerk or judge reviews the written submissions and may hold a hearing where appraisers, brokers, and parties testify about value, methodology, and the limits imposed by lack of interior access. Scheduling can vary by county, but hearings commonly occur within several weeks to a few months, depending on the court’s calendar and the urgency of the requested relief.
  3. After receiving and weighing the evidence, the court issues an order choosing the method of partition or ruling on the adequacy of a sale price. That order will rely on the most credible and well-supported valuation in the record. Parties then have limited time, often as short as 10–30 days depending on the specific order, to file exceptions or appeals under the partition and appellate statutes.

Exceptions & Pitfalls

  • Courts give more weight to a licensed appraiser’s report—especially one prepared under standard appraisal practice—than to a CMA, which by law is not an appraisal and must say so. Relying on a CMA alone, when an appraisal is reasonably obtainable, can weaken a position.
  • Lack of interior access can reduce the reliability of any valuation. If one side can credibly show that the interior is in far better or worse condition than assumed, the court may discount an exterior-only appraisal or CMA or require updated evidence.
  • Failure to document efforts to obtain access (written requests, notices, offers to coordinate showings) can hurt credibility. Commissioners and parties should create a clear record of attempts to inspect the interior and any refusals.
  • Deadlines for objecting to a commissioners’ report or for challenging a confirmed sale price are strict. Waiting to order an appraisal or CMA until after a deadline passes can forfeit the ability to rely on that evidence.
  • Procedural missteps—such as failing to provide copies of valuation reports to all parties before a hearing, or failing to have the appraiser available for cross-examination when credibility is challenged—can reduce the weight the court gives even a solid appraisal.

Conclusion

In North Carolina partition actions, a CMA or an appraisal based on exterior-only information can be used as evidence of value, but the court decides how persuasive that evidence is. A licensed appraiser’s report, even with limited access, will usually carry more weight than a broker’s CMA, which the law treats as a pricing tool rather than a formal valuation. The most effective next step is to obtain a detailed appraisal from a licensed appraiser, documenting any access limits, and file it promptly with the Clerk of Superior Court within the applicable objection or appeal deadlines in the partition case.

Talk to a Partition Action Attorney

If a partition case involves questions about value and limited access to the interior, our firm has experienced attorneys who can help evaluate what evidence a North Carolina court is likely to accept and how to present it effectively. 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 any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Partition Action Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.