What Is a Partition Action and How Can It Resolve Inherited Property Disputes in North Carolina?
When co-owners of an inherited property cannot agree on the future of the asset, a partition action may provide a legal remedy. In North Carolina, if one co-owner wishes to be bought out or to sell their share while the other prefers to hold onto the property, filing for a partition is a common way to resolve the dispute. This process involves asking the court to either divide the property into distinct portions or order a sale of the entire property, with the proceeds then divided according to each owner’s share.
In our practice, we often assist clients facing disagreements similar to those encountered when a beneficiary inherits property, such as a home located in Robinson County. Frequently, one party wants to monetize their share to avoid the burdens of maintaining multiple properties. In these cases, a partition action can help safeguard an individual’s interest. For example, if one co-owner does not wish to manage or share the responsibilities (as maintenance and costs like roof repairs may prove burdensome), they may choose to initiate a partition action. This legal process paves the way to force a resolution even if the other co-owner prefers to keep the property.
The partition action begins with a thorough title search and review of the property deed. If it is determined that the title clearly reflects each party’s ownership interest and there are no complicating factors (such as conflicting provisions in a will or deed), then filing a partition action may be the most straightforward route. North Carolina law provides mechanisms for these actions; for instance, see NC General Statute § 44-2 for an overview of related procedures.
Once the partition complaint is filed in the proper county court (in our example, Robinson County, though it is crucial to check with your local county clerk), the court will schedule a hearing and may appoint a commissioner. The commissioner’s role is to evaluate the property, solicit bids if a sale is ordered, and oversee the fair distribution of proceeds. However, it is important to note that commissioning services come with an expense that could be up to 5% of the sales price, which should be factored into your decision.
In some situations, offering your co-owner a chance for an out-of-court buyout may be a favorable alternative. This approach avoids the additional costs and time associated with a full partition proceeding. If a buyout is not a viable option or your co-owner refuses to negotiate, then proceeding with a partition action ensures that your liquidity and equity are protected while potentially recovering costs such as attorney fees, which the court may consider taxing to the uncooperative party.
You should carefully evaluate all aspects of the partition process, its costs, and potential outcomes. Every case is unique, and it is in your best interest to fully understand the implications before proceeding.
Key Considerations When Filing a Partition Action:
- Verify each co-owner’s legal title through a comprehensive title search.
- Understand that a partition action either divides the property or orders a sale.
- Be aware of possible additional costs, including the commissioner’s fee (up to 5% of the sales price).
- Examine whether an out-of-court settlement or buyout is a feasible alternative.
- Consult with the local county clerk, such as in Robinson County, to ensure you follow proper filing procedures.
- Review applicable North Carolina statutes, such as NC GS § 44-2, for legal guidance.
In summary, if you are facing a dispute over a shared property inherited from a deceased family member, a partition action might provide a clear path to reclaiming your share of the asset without undue burden. Pierce Law Group has experienced attorneys ready to help you navigate this process. For personalized legal assistance, please contact us at intake@piercelaw.com or call us at (919) 341-7055.
