Partition Hearings in North Carolina: Must You Show Up?

Detailed Answer

What Is a Partition Hearing?

A partition hearing is the court date in which a judge decides how to divide jointly owned real estate—either in kind (physically dividing the land) or by ordering a sale and splitting the proceeds. The hearing occurs under North Carolina’s Partition Law (Chapter 46A).

Does the Court Require You to Attend?

North Carolina law does not force a co-owner to appear in person. Notice of the hearing is sufficient under N.C. Gen. Stat. § 46A-25. If you retain an attorney, the attorney may appear and speak on your behalf.

Why Attending Usually Makes Sense

Although no statute compels personal attendance, showing up (or at least being available by video conference) protects your interests:

• Present evidence and testimony. You can introduce appraisals, survey maps, or your own testimony on value and use.
• Object to a forced sale. Under § 46A-28, the court must consider objections before ordering a sale.
• Influence commissioner selection. The judge appoints commissioners per § 46A-51. Absent input, the court chooses without you.
• Shape sale terms. If the judge orders a sale, attending lets you request a public auction, upset-bid period, or credit bidding.
• Limit cost exposure. Courts may allocate costs under § 46A-3. Active participants can argue for a fair split.

Risks of Skipping the Hearing

• Default rulings. The judge makes decisions based on evidence from those who attend.
• Waived objections. Failure to object on the record can bar later appeals.
• Unfavorable cost award. The court may order absent owners to pay a larger share of fees.
• Limited settlement leverage. Parties often negotiate in the courthouse hallway; absence removes that option.

Can You Attend Remotely?

Many counties permit video or telephonic attendance when you or your attorney file a timely motion. Always confirm local rules with the clerk.

Hypothetical Example

Sarah and Ben inherited a lake lot with two cousins. The cousins file for partition by sale. Sarah attends the hearing with counsel and provides a survey showing the lot can be split. Ben stays home. The judge accepts Sarah’s evidence, orders a division in kind, and assigns commissioners Sarah suggested. Ben loses the chance to argue for a cash sale and still pays one-quarter of the commissioners’ fees.

Helpful Hints

• Mark the hearing date on your calendar as soon as you receive notice.
• Meet with your attorney at least two weeks beforehand to gather appraisals and surveys.
• If you cannot attend, sign a limited power of attorney so someone can testify for you.
• Dress professionally and arrive early; judges appreciate punctuality.
• Ask the clerk whether remote appearance is available in your county.

Bottom line: North Carolina law does not force you to appear in person, but attending—physically or virtually—helps you protect your equity, influence the outcome, and control costs.

Need tailored guidance on an upcoming partition hearing? Our North Carolina attorneys have years of experience advocating for co-owners. Call (919) 341-7055 today to schedule a consultation.