What are the key steps to file a partition action in North Carolina when a co-owner refuses to buy you out?
1. Detailed Answer
When you and a co-owner hold title to real property in North Carolina and one party won’t agree to a buyout, you may ask the court to divide or sell the property through a partition action. North Carolina law governs this process under Chapter 46 of the North Carolina General Statutes. You start by filing a formal complaint in the Superior Court of the county where the property sits. Your complaint should describe the property, identify all co-owners, state that you seek partition and explain why a voluntary agreement failed. After filing, you pay the clerk’s office fees and request the clerk issue a summons for each co-owner.
Next, you must serve each co-owner with a copy of the complaint and the summons in the manner required by Rule 4 of the North Carolina Rules of Civil Procedure. At the same time, you record a notice of lis pendens in the land records to warn any prospective buyer of the pending dispute (see N.C. Gen. Stat. § 1-43.1: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-43.1.html). Once all parties have appeared or the time to respond has passed, the court appoints commissioners to survey the property, value it and report whether the land can be divided fairly. Under N.C. Gen. Stat. § 46-2 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46/GS_46-2.html), if a physical division proves practical, each party receives a distinct tract. If not, the commissioners recommend a sale under N.C. Gen. Stat. § 46-3 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46/GS_46-3.html), and the court orders a public sale with proceeds divided among co-owners according to ownership shares.
The entire partition action may take several months. You have a right to attend the commissioner’s hearings, object to their report and ask the court to confirm the final order. You can also request attorney’s fees and costs if the court finds one party unreasonably resisted partition. Keep in mind strict compliance with service rules, filing deadlines and court instructions. Mistakes may delay the process or jeopardize your claim.
2. Key Steps Summary
- Consult title records and confirm all co-owners.
- Attempt negotiation or mediation for a voluntary buyout.
- Prepare and file a complaint for partition in the proper Superior Court.
- Pay filing fees and request summons for each co-owner.
- Serve complaint and summons under Rule 4, NC Rules of Civil Procedure.
- Record a lis pendens in the land records.
- Respond to any motions or pleadings filed by co-owners.
- Attend commissioner hearings and inspect the property.
- Review the commissioners’ report on division or sale.
- File any objections and request court confirmation of the final order.
- Ask for court-ordered costs and fees if appropriate.
Contact Pierce Law Group
If a co-owner refuses to buy you out and you need to file a partition action in North Carolina, Pierce Law Group can guide you through each step. Our attorneys handle real estate disputes, prepare your complaint, manage service and advocate for your interests before the court. To discuss your case, email intake@piercelaw.com or call us at (919) 341-7055.
