Detailed Answer
If you inherit property with others and cannot agree on its use, selling or dividing it, North Carolina law allows you to ask the court to end co-ownership through a partition action. Under N.C. Gen. Stat. § 46-1, any co-owner may file a complaint in the superior court of the county where the property lies. You become the plaintiff and name all other co-owners as defendants. The complaint must describe the property, state your interest, and request division or sale.
After filing, you must serve each co-owner with the complaint and a summons under the North Carolina Rules of Civil Procedure. If a co-owner defaults by not responding, the court may grant your requested relief. If they contest, the court appoints commissioners under N.C. Gen. Stat. § 46-4 to view, value, and either divide the land in kind or sell it and split the proceeds. The court then confirms the commissioners’ report and enters a final judgment of partition.
Key statutes include:
- N.C. Gen. Stat. § 46-1: Who may maintain a partition action.
- N.C. Gen. Stat. § 46-2: Parties needed in a partition of estate involving decedents.
- N.C. Gen. Stat. § 46-4: Procedures for appointing commissioners.
Key Steps to File a Partition Action
- Identify all co-owners and verify their addresses.
- Prepare and file a written complaint in the county superior court where the property is located.
- Serve each co-owner with the complaint and summons per Rule 4 of the North Carolina Rules of Civil Procedure.
- Wait for responses. Ask the court to enter a default if a co-owner fails to answer.
- If contested, request appointment of commissioners to value and divide or sell the property.
- Review the commissioners’ report and file any objections within the allowed time.
- Obtain the court’s final judgment ordering partition in kind or sale and distributing proceeds.
Filing a partition action involves strict statutory deadlines and procedural rules. Mistakes can delay resolution or affect your share of the property.
Take the Next Step
If you need help filing a partition action or understanding your rights as a co-owner, contact the probate attorneys at Pierce Law Group. We guide you through each step and protect your interests. Email us at intake@piercelaw.com or call (919) 341-7055 today.
