Short Answer

In North Carolina, the verification is your sworn statement that the facts in the partition petition are true. Review the draft for accuracy, then sign the verification page only in front of a notary who will complete the jurat. Do not make handwritten edits on the petition; ask your attorney to revise and reissue if changes are needed. Return the original, notarized verification so your attorney can file with the Clerk of Superior Court.

Understanding the Problem

You’re asking how to correctly review and sign the verification page for a North Carolina partition petition so it can be filed with the Clerk of Superior Court. You hired counsel to pursue a partition of co-owned real estate, and your signature is the last step before filing. One salient fact: you confirmed that attorney fees may be deducted from sale proceeds (if the Clerk approves), even though you’ve received monthly invoices.

Apply the Law

Under North Carolina law, a partition case is a special proceeding filed with the Clerk of Superior Court in the county where the property is located. The petition typically must be verified—meaning the petitioner signs under oath before a notary that the facts are true to the best of their knowledge, or based on information and belief when stated that way. A notary completes a jurat (the notarial certificate for an oath) at the time you sign. Your attorney’s signature on the pleading also certifies it is grounded in fact and law. Filing occurs after the original, notarized verification is returned.

Key Requirements

• Accuracy check: Read the petition carefully. Confirm your name, mailing address (if included), co-owners, the property description, and the relief requested (partition in kind or by sale).
• No handwritten edits: If anything is wrong, ask your attorney to fix the draft and reissue the signature page. Do not cross out or rewrite text on the verification.
• Proper notarization: Sign the verification only in front of a notary, who will administer an oath and complete the jurat, including the date, county, and notary details.
• Consistent signatures: Sign your legal name exactly as shown in the petition caption. If multiple petitioners are listed, each must sign a separate verification.
• Return the original: Provide the wet-ink, notarized original to your attorney so it can be filed with the Clerk of Superior Court.

What the Statutes Say

• North Carolina Partition Statutes (Chapter 46A) – Partition of real property is governed by Chapter 46A and handled as a special proceeding before the Clerk.
• North Carolina Rules of Civil Procedure, Rule 11 – Signing a pleading certifies factual and legal support and proper purpose.
• North Carolina Notary Public Act (Chapter 10B) – Sets requirements for notarizations, including jurats for sworn verifications.

Analysis

Apply the Rule to the Facts: Your attorney has prepared a partition petition and verification. Before signing, confirm the co-owners, the property description, and the type of partition requested. Because you verified with your attorney that fees can be deducted from sale proceeds subject to the Clerk’s approval, the monthly invoices do not change your need to sign now; they typically reflect tracked time, not immediate payment due. Once you sign before a notary and return the original, your attorney can file with the Clerk.

Process & Timing

1. Who files: The petitioner (you), through counsel. Where: Clerk of Superior Court in the North Carolina county where the property is located. What: Verified partition petition and the notarized verification page; any required supporting exhibits (e.g., legal description). When: After you sign and return the original verification; filing cannot occur until the notarized verification is complete.
2. After filing, the Clerk opens the special proceeding and issues process for service on the other co-owners. Service must follow North Carolina Rule 4. Response and hearing timelines vary by county and case complexity.
3. Following service and any required hearing, the Clerk may order partition in kind or by sale. If a sale occurs, allowable costs and fees are addressed by order, and approved amounts are typically paid from sale proceeds.

Exceptions & Pitfalls

• Do not sign outside a notary’s presence. The verification requires an oath and a notary’s jurat.
• Avoid handwritten changes or using correction fluid. Ask for a clean, corrected draft before signing.
• Ensure your name and capacity match the petition caption; mismatches can delay filing.
• If multiple petitioners are listed, each must sign their own verification. Do not sign for someone else.
• Remote or electronic notarization is allowed only if performed in compliance with North Carolina law; confirm the method with your attorney before attempting.
• Invoices from your attorney generally track time; payment from sale proceeds requires a court order in the partition case. Ask your attorney how they will present fees for the Clerk’s approval.

Talk to a Partition Action Attorney

If you’re dealing with a co-owned property and need to sign a partition petition verification, 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.