Probate Q&A Series

How can I negotiate co-owner property partition and correct tax records in North Carolina?

1. Detailed Answer

When two or more people own real estate together in North Carolina, they share rights and responsibilities. Over time, disagreements may arise about use, maintenance or sale of the property. Negotiating a partition and correcting tax records lets co-owners settle disputes without lengthy court battles.

Negotiate a Property Partition

Start by having an honest discussion with your co-owners. Explore these options:

  • Buyout. One co-owner compensates the others for their share.
  • Sale and division. Sell the property and split proceeds.
  • Division in kind. Physically divide the property if feasible.

If you reach an agreement, document it in writing. Use a partition agreement signed by all parties and have it reviewed by an attorney. Record the agreement with the Register of Deeds to update title records.

If negotiations fail, any co-owner may file a partition action under N.C. Gen. Stat. § 46-1. The court can order a sale or physical division. In many cases, parties settle during the process to avoid auction or forced division.

Correct Tax Records After Partition

After you record a partition agreement or a court order, the deed must reflect the new ownership. To ensure tax records stay accurate:

  1. Prepare a corrected or new deed. Cite the partition and the recorded instrument number.
  2. Record the deed with the Register of Deeds. Use a Correction or Conveyance Deed under N.C. Gen. Stat. § 47-20 to fix any errors.
  3. Notify the county tax office. Provide a copy of the recorded deed and ask for an updated property tax card.
  4. Review your next tax bill. Confirm the assessed value and owner information match the deed.
  5. If the tax office still shows errors, file a correction request under N.C. Gen. Stat. § 105-312.

By following these steps, you protect your ownership rights, prevent future disputes and keep tax records accurate.

2. Checklist: Steps to Negotiate Partition and Correct Tax Records

  • Hold a meeting with all co-owners to discuss options.
  • Explore buyout, sale or in-kind division before litigation.
  • Draft and sign a written partition agreement.
  • Record the agreement or court order with the Register of Deeds.
  • Prepare and record a corrected deed if needed (N.C. Gen. Stat. § 47-20).
  • Provide recorded deed to the county tax office.
  • Verify your next tax bill for proper owner names and values.
  • File a correction under N.C. Gen. Stat. § 105-312 if errors persist.

At Pierce Law Group, our attorneys guide you through every step of partition and tax record correction. Protect your rights. Call us at (919) 341-7055 or email intake@piercelaw.com to schedule a consultation.