What are my rights and options when a joint owner won’t cooperate on North Carolina property?
1. Detailed Answer
Understanding Your Ownership Interest
When two or more people share title to real estate in North Carolina, they usually hold it as either a tenancy in common or a joint tenancy with right of survivorship. In a tenancy in common, each owner holds an individual, undivided interest. Each owner may sell or transfer that interest without the other owner’s consent. In a joint tenancy, all owners must act together to change title or sell the property.
Requesting Cooperation and Drafting Agreements
Your first step is to make a written demand for cooperation. You can propose a formal agreement that sets out each party’s rights and obligations. For example, you might agree on rental management, sale timing, or buy-out terms. A clear, signed agreement can avoid court intervention.
Pursuing a Partition Action
If the joint owner still refuses to cooperate, you can file a partition action under North Carolina law. Chapter 46 of the North Carolina General Statutes provides the rules for dividing or selling jointly owned real estate. Under N.C.G.S. § 46-2, you may ask the court either to physically divide the land or to order its sale and split the proceeds. The court will consider fairness and practicality when deciding whether to split the property or sell it at public auction.
Considering a Buy-Out
In some cases, you may offer to purchase your co-owner’s share. You can use an independent appraisal to set a fair price. A buy-out can save time and expenses compared to a partition lawsuit. If your co-owner declines a reasonable offer, you can still proceed with partition.
Exploring Alternative Dispute Resolution
Mediation or arbitration can help resolve conflicts without a full court battle. A neutral mediator can guide both parties toward a mutually acceptable solution. If you choose binding arbitration, an arbitrator’s decision can resolve title disputes and set sale or division terms.
2. Key Takeaways
- Identify your form of joint ownership: tenancy in common vs. joint tenancy.
- Send a written demand for cooperation and propose a management or sale agreement.
- Use N.C.G.S. § 46-2 to file a partition action if necessary.
- Consider a buy-out based on an independent appraisal.
- Explore mediation or arbitration to avoid court costs and delays.
If a co-owner refuses to cooperate, you have legal tools to protect your rights. You can negotiate, pursue partition, or buy out the interest. Pierce Law Group’s attorneys have many years of probate and real estate experience. To discuss your situation, email us at intake@piercelaw.com or call (919) 341-7055.
