Jul282025
Probate Q&A Series

How to File a Partition Action to Sell Inherited Property in North Carolina

Detailed Answer

When co-owners inherit real property and cannot agree on keeping or dividing it, North Carolina law lets any co-tenant start a partition action. This lawsuit asks the court to divide the land or order its sale and split the proceeds. The process flows from North Carolina General Statutes Chapter 46, Article 2 (Partition of Land).

Here’s how you proceed:

  • Meet the eligibility requirements. Only tenants in common or joint tenants may file. You must hold a present, undivided interest in the property.
  • Prepare and file the complaint. Draft a Complaint for Partition, naming all co-owners and any interested lienholders. Detail each party’s ownership share and describe the property. File the complaint in the clerk of superior court’s office where the land lies.
  • Serve all parties. After filing, deliver the complaint and summons to every co-owner and lienholder by certified mail or a sheriff. See N.C. Gen. Stat. § 46-9 for service rules.
  • Appoint a commissioner. If the court sees no way to divide the land fairly, it appoints a commissioner. The commissioner surveys the property and proposes either a physical division or a sale plan. See N.C. Gen. Stat. § 46-2.
  • Commissioner’s report and objections. The commissioner files a written report. Parties have 10 days to object. If the court overrules objections, it issues an order confirming the division or authorizing a sale.
  • Sale and distribution. If the court orders a sale, the sheriff conducts it at public auction. After the sale, the sheriff delivers the deed to the buyer and returns the funds. The clerk then distributes proceeds to the co-owners based on their ownership percentages. See N.C. Gen. Stat. § 46-12.

Key Steps to File a Partition Action

  • Verify you hold an undivided interest as a tenant in common.
  • Gather property deeds, wills, or trust documents showing inheritance.
  • Draft a Complaint for Partition that lists all parties and ownership shares.
  • File your complaint with the clerk of superior court where the property sits.
  • Serve the complaint and summons on co-owners and lienholders.
  • Attend hearings if parties object to the commissioner’s report.
  • Complete the sale process under court order if division proves impractical.
  • Receive your share of the sale proceeds once the court confirms distribution.

Partition actions can become complex when heirs disagree or liens exist on the property. You must follow strict timelines and procedural rules in Chapter 46 to protect your interests.

Next Steps and Call to Action

If you need guidance filing a partition action to sell inherited real estate in North Carolina, reach out to experienced probate attorneys at Pierce Law Group. We help you navigate the process, meet filing deadlines, and represent your interests in court. Contact us today:

Email: intake@piercelaw.com
Phone: (919) 341-7055

Let Pierce Law Group guide you through every step of your partition action and secure your rightful share.

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.