How Do I Use Partition Actions to Divide or Sell Co-Owned Property in North Carolina?

Understanding Partition Actions Under North Carolina Law

When two or more people own real property together, disagreements can arise over how to use or dispose of it. North Carolina law gives co-owners a legal tool called a partition action. A partition action lets a court divide the land among owners or order a sale and split the proceeds.

Partition actions fall under Chapter 46A of the North Carolina General Statutes. You can review the text of the statutes online:

• G.S. 46A-10: Action by Tenant in Common
• G.S. 46A-11: Appointment and Duties of Commissioners
• G.S. 46A-13: Division of Lands in Kind
• G.S. 46A-14: Public Sale When Partition in Kind is Not Feasible

Step-By-Step Guide to a Partition Action

Here is how most partition actions proceed in North Carolina:

1. File the Complaint: Any co-owner may file a civil action in the county where the property sits. The complaint names all co-owners as defendants. (G.S. 46A-10.)
2. Serve Notice: You must serve each co-owner with the complaint and summons. The court will set a return date.
3. Preliminary Conference: Many counties hold a settlement conference. A judge or mediator encourages parties to agree on division or sale.
4. Appointment of Commissioners: If you cannot agree, the court appoints commissioners. They inspect the property, value it, and recommend how to divide it or conduct a sale. (G.S. 46A-11.)
5. Decision on Division: Commissioners decide whether to divide the land in kind or to order a public sale. They must explain why they chose one method over the other. (G.S. 46A-13, 46A-14.)
6. Report and Hearing: Commissioners file a written report. The court holds a hearing to confirm the plan or sale terms.
7. Division or Sale: If the court orders division in kind, each owner takes a physical portion. If it orders a sale, a foreclosure-style auction happens and the net proceeds go to the co-owners.

Common Questions About Partition Actions

Q: Can I stop a sale? If you prove you can fairly use or improve your share, you may ask the court to divide in kind instead of selling.
Q: How long does it take? Cases typically last six months to a year, depending on court schedules and property complexity.
Q: Who pays the costs? The court may divide filing fees, commissioner fees, and advertising costs among co-owners based on ownership shares. (G.S. 46A-17.)

Key Considerations for Partition Actions

• Identify all co-owners by name and address before filing your complaint.
• Consider hiring a surveyor to map property lines and values.
• Gather any deeds, wills or trusts that affect ownership interests.
• Weigh the impact of liens, mortgages or tax liens on sale proceeds.
• Prepare for potential delays if neighbors contest valuation or division.

Get Help With Your Partition Action

Partition actions involve strict rules and tight deadlines. At Pierce Law Group, our attorneys handle partition cases under North Carolina law every day. We guide you through filing the complaint, negotiating with co-owners, and representing you at hearings.

Contact us today for a clear plan. Email intake@piercelaw.com or call us at (919) 341-7055.