How Heirs Can Force Sale of Inherited Real Estate in North Carolina When a Co-Owner Refuses to Sell

Detailed Answer

When someone dies owning real estate, heirs often inherit the property as tenants in common. Each tenant in common holds an undivided share. If one heir wants to sell and another refuses, North Carolina law provides a clear path through a partition action. A partition action lets a co-owner ask the court to divide or sell the property so each owner can receive their share of value.

1. Establish Tenancy in Common

After probate, heirs take title under N.C. Gen. Stat. § 28A-13-1. Absent language creating joint tenancy with right of survivorship, the law treats multiple heirs as tenants in common.

2. File a Partition Action

Under N.C. Gen. Stat. § 46-1, any co-owner can file a complaint in superior court asking for partition. The complaint must identify the property, the parties, and the interest each holds.

3. Partition in Kind vs. Partition by Sale

The court first considers a partition in kind—splitting the land into physical portions. If dividing the land reduces its value or if physical division is impracticable, the court orders a sale instead. See N.C. Gen. Stat. § 46-8.

4. Appointment of Commissioner

The court appoints a commissioner, often a surveyor or real estate professional, to value the property, advertise it for sale, and conduct the sale at public auction. Once sold, the commissioner distributes net proceeds among heirs according to their shares.

5. Finalizing the Sale

After the sale, the commissioner files a report and deed with the clerk’s office. The clerk confirms distribution of proceeds. Heirs receive their portion free of any co-owner who once opposed the sale.

Key Points List

• Inheritance often creates tenancy in common when a decedent’s will or state law distributes property.
• Any co-owner can file a partition action under N.C. Gen. Stat. § 46-1.
• Court must consider partition in kind first; sale comes next if division harms value (N.C. Gen. Stat. § 46-8).
• Commissioner handles valuation, advertising, auction and proceeds distribution.
• Net proceeds divide among heirs based on ownership share.

Call to Action

Disagreements over inherited real estate can delay distribution and spark conflict. Pierce Law Group has experienced attorneys ready to guide you through partition actions under North Carolina law. Reach out today for a clear path forward. Email us at intake@piercelaw.com or call (919) 341-7055 for a consultation.