Dec272025
Probate Q&A Series

Can I require a buyout or force a partition of property co-owned with my aunt? – North Carolina

Short Answer

In North Carolina, a co-owner usually cannot be forced to “buy out” another co-owner just because one person wants to be done with the property. However, a co-owner (or sometimes an estate representative acting for an inherited interest) can typically file a partition proceeding to end the co-ownership, either by physically dividing the land or by ordering a court-supervised sale and splitting the proceeds. Whether partition is available depends on what interest is actually owned (for example, a joint tenancy with right of survivorship, a tenancy in common, or a remainder interest subject to a life estate).

Understanding the Problem

In North Carolina probate and real estate disputes, the decision point is whether a person who inherited (or expects to inherit) an interest in real estate can require a buyout or force a court process to separate ownership from a co-owner such as an aunt. This question often comes up after a parent dies without a will, when title to at least one property ends up shared among family members. The answer depends on what type of deed holds title now, whether the decedent’s interest passed at death outside the estate, and whether the interest is a present ownership interest or only a future interest because of a life estate.

Apply the Law

North Carolina law provides a partition procedure for co-owned real property. Partition can happen by “actual partition” (a physical division) or a “partition sale” (a court-supervised sale with proceeds divided by ownership shares). A buyout is not automatically required, but parties sometimes agree to one as a settlement, or the process can lead to one party purchasing the other’s interest through the court sale process. Partition is typically handled as a special proceeding in the office of the Clerk of Superior Court in the county where the property is located.

Key Requirements

  • Valid co-ownership interest: The person seeking partition must have a legally recognized ownership interest (such as a tenant in common or joint tenant interest, or a remainder/reversionary interest) in the property that is being partitioned.
  • Correct partition remedy: The court must choose an appropriate method—physical division, sale, or a combination—based on whether a fair physical division can be done without materially harming the parties’ interests.
  • Proper parties and notice: All required owners and interest-holders generally must be made parties and properly served so the Clerk of Superior Court can enter a binding order affecting title.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe two different real estate situations, and partition/buyout options differ for each. If the aunt co-owns a present interest with the decedent’s heirs (for example, the deed created a tenancy in common), then partition is generally available to end the co-ownership. If the property interest is held “under a life estate,” the key is whether the interest inherited is a remainder interest; North Carolina law allows partition of the remainder/reversionary interest, but the process cannot take away the life tenant’s right to possession during the life estate.

Process & Timing

  1. Who files: A cotenant (co-owner) or, in some situations, an estate personal representative acting for an estate’s undivided interest. Where: The Clerk of Superior Court in the North Carolina county where the property sits. What: A partition petition/complaint (format depends on county practice) naming all owners and people with recorded interests. When: There is no single universal “partition deadline,” but delaying can complicate valuation, possession, and expense sharing.
  2. Determine interests and method: The Clerk determines each party’s ownership share and whether the property can be divided fairly or should be sold under the partition statutes. If a sale is ordered, the court appoints a commissioner to conduct it and the sale follows judicial sale rules, including required notices and a court confirmation step.
  3. Divide proceeds or record division: If the property is physically divided, the resulting tracts are typically described and recorded so title is clear. If the property is sold, the proceeds are distributed according to the parties’ ownership percentages after paying costs of the proceeding and any liens addressed by the court process.

Exceptions & Pitfalls

  • Survivorship deeds can eliminate any inherited share: If a deed was held with right of survivorship, the decedent’s interest may have passed automatically at death to the surviving co-owner, meaning there may be no inherited share to partition from the estate.
  • Life estates change what can be partitioned: A remainder interest can be partitioned (including by sale), but the life tenant generally keeps the right to possess the property during life. That often makes a “clean break” harder in practice and can affect value.
  • Missing a required party can undermine the result: Partition and related estate real-property proceedings can fail if all necessary owners/heirs are not joined and properly served, which can create serious title problems later.
  • Estate administration vs. partition: If the goal is to convert an inherited undivided interest into cash during probate, the personal representative may have a separate route through an estate proceeding to sell real property (and sometimes request partition as part of that request), but that is not the same as a standard partition action between living co-owners.

Conclusion

North Carolina law usually does not let one co-owner force another co-owner to complete a private “buyout” on demand, but it generally does allow a co-owner to end shared ownership through a partition proceeding. The outcome depends on the deed and the type of interest involved, including whether the interest is a present ownership share or a remainder interest subject to a life estate. The typical next step is to file a partition proceeding with the Clerk of Superior Court in the county where the property is located.

Talk to a Probate Attorney

If a parent’s death left real estate co-owned with family members and the goal is a buyout or a court-ordered partition, an attorney can help confirm the deed type, identify the correct parties, and choose the best procedure and timeline. 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.

Category: Probate 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.