Probate Q&A Series

How can co-owners compel a court-supervised sale and divide proceeds of jointly inherited real estate in North Carolina?

Detailed Answer

When multiple heirs inherit real estate together in North Carolina, they become tenants in common. Each co-owner holds an undivided share of the property. If they cannot agree on what to do with the land, any co-owner can ask a court to force a sale. This process is called a partition action.

Under North Carolina law (Chapter 46 of the General Statutes), a co-owner starts a partition action by filing a complaint in the Superior Court of the county where the property lies. The court notifies all parties and holds a hearing. At that hearing, the court determines whether it can divide the land fairly among the co-owners. This is called partition in kind. If dividing the land will significantly harm its value or physical integrity, the court orders a sale instead.

When the court orders a sale, it appoints a commissioner to sell the property at a public auction or by private sale under court supervision. The commissioner must follow rules in N.C. Gen. Stat. § 46-3. After the sale, the commissioner files a report with the court. The court confirms the sale, pays any liens or mortgage debts, and deducts court costs and commissioner fees. Finally, the court divides the net proceeds among the co-owners according to their ownership shares. If one co-owner received more than their share, they must reimburse the others.

If the property remains part of an open estate under probate, Article 12 of Chapter 28A allows the personal representative or any heir with court permission to request a sale of estate real property. See N.C. Gen. Stat. § 28A-12-1. The procedure follows similar steps: court approval, public notice, sale, and distribution of proceeds according to the will or law of intestacy.

Key Takeaways

  • Co-owners are tenants in common when inheriting property together.
  • A partition action under Chapter 46 forces a sale if dividing the land is impractical.
  • The court appoints a commissioner to conduct the sale and report back.
  • Sale proceeds pay liens, court costs, and then distribute to owners by share.
  • Probate estates use N.C. Gen. Stat. § 28A-12-1 to sell estate realty.

Handling an inheritance dispute or a partition action can overwhelm any property owner. At Pierce Law Group, our attorneys guide families through every step. We explain procedures clearly and protect your rights. To discuss your situation, email us at intake@piercelaw.com or call (919) 341-7055.