Detailed Answer

When co-owners cannot agree on how to divide real property, one party may file a partition action under Chapter 46 of the North Carolina General Statutes. The court appoints impartial commissioners to survey, value, and propose a division or sale. Under G.S. 46-24, after the commissioners complete their report, any party may file written exceptions within 10 days. The court then schedules a hearing to resolve those exceptions.

At the hearing, the parties present evidence about alleged errors or omissions in the report. Common exceptions include:

• Errors in property description or boundaries.
• Incorrect valuation of land, structures, or personal property.
• Improper allocation of costs or credits.

Based on the hearing, the judge may take one or more of these actions:

• Confirm the report. If the court finds no material errors, it will confirm the report. The property is then divided or sold per the commissioners’ recommendations.
• Modify the report. The court may change valuations, adjust boundary lines, or reallocate costs to correct identified mistakes.
• Order a rehearing. If significant issues remain unresolved, the court can return the report to the commissioners with instructions for additional findings.
• Appoint new commissioners. In rare cases of bias or conflict, the judge may replace one or more commissioners.
• Stay the sale or distribution. The court can delay closing or transfer of title until all exceptions are resolved.

Once the court issues its order, the parties must comply. If the report is confirmed or modified, the clerk enters a judgment incorporating it. The property division or sale proceeds under that judgment. If the court orders further proceedings, the process repeats until the court is satisfied the partition is fair and accurate.

This framework ensures due process and protects each owner’s rights. For exact procedures, review G.S. 46-24 (Commissioners’ report) and G.S. 46-25 (Actions on report) at ncleg.gov/GS_46-24 and ncleg.gov/GS_46-25.

Key Points to Remember

• File exceptions in writing within 10 days of the commissioners’ report under G.S. 46-24.
• Prepare clear evidence on boundary lines, valuations, or expense allocations.
• Attend the hearing; failure to appear may waive your objections.
• The court can confirm, modify, or order new proceedings based on the strength of your exceptions.
• After the court’s order, the clerk enters a final judgment that directs the sale or division.

Next Steps

If you face a partition proceeding or have concerns about exceptions to a commissioners’ report, seek legal guidance to protect your interests. The process can be technical, but you don’t have to navigate it alone.

Contact Pierce Law Group today. Our attorneys have extensive probate and property law experience. Let us clarify your options, prepare your exceptions, and represent you in court. Email us at intake@piercelaw.com or call us at (919) 341-7055 to schedule a consultation.