Can a co-owner sell property in North Carolina without the other’s consent, and how does a partition action proceed?

Detailed Answer

When two or more people own real property together in North Carolina, the law treats them as either joint tenants or tenants in common. Your rights to sell or transfer property depend on which form of ownership you hold.

1. Tenants in Common

Under a tenancy in common, each co-owner holds an undivided share of the whole property. You may sell, gift, or mortgage your share without the other co-owners’ approval. However, you cannot sell more than your percentage interest. A buyer only acquires your share, not the entire property. The new owner then steps into your shoes as a co-tenant.

2. Joint Tenancy

Joint tenancy includes rights of survivorship. Joint tenants may transfer or sell their own interest. Once one joint tenant sells or transfers a share, the joint tenancy ends. The buyer takes the share as a tenant in common with the remaining owner(s).

How a Partition Action Proceeds in North Carolina

If co-owners cannot agree on use, sale, or division of property, any co-owner can ask the court to divide the land or order its sale. This process is called a partition action. North Carolina General Statutes, Chapter 46, Article 4 governs partition actions (see N.C. Gen. Stat. § 46-23 et seq.).

Here are the main steps:

• File a partition complaint in superior court. Identify all co-owners and describe the property.
• The court appoints commissioners. They inspect the land and report whether it can divide the property in kind (by physical division).
• If division in kind proves practical, commissioners suggest how to divide the parcels. The court approves or adjusts the plan under N.C. Gen. Stat. § 46-29.
• If the court finds physical division impractical, it orders a public sale. The sale follows the procedures in N.C. Gen. Stat. § 46-30 through § 46-34.
• The court holds the proceeds in trust. After sale costs and any credits, the court distributes net proceeds to co-owners based on their ownership percentages.

Key Considerations

• Determine your form of co-ownership: joint tenancy or tenants in common.
• You may sell only your own share. You cannot force a buyer to acquire the entire property.
• A partition action provides a legal path to divide or sell the property.
• Commissioners handle surveys, division plans, or sale arrangements under N.C. Gen. Stat. Chapter 46, Article 4.
• Physical division (partition in kind) occurs when practical. Otherwise, the court orders a sale.
• Proceeds from a partition sale go into court. The court pays expenses and divides the balance according to ownership shares.

Contact Pierce Law Group for Help

Navigating co-ownership disputes and partition actions can challenge even experienced property owners. Pierce Law Group has attorneys who understand North Carolina probate and real estate procedures. Let us guide you through each step to protect your interests.

Ready to discuss your case? Email us at intake@piercelaw.com or call (919) 341-7055 today.