Detailed Answer

When two or more people share ownership of real property in North Carolina and one owner wants out, a partition action forces a division or sale. Chapter 46 of the North Carolina General Statutes authorizes these suits. You do not need unanimous consent to proceed. You only need one co-owner who seeks partition.

1. Confirm Your Status as a Tenant in Common

Only tenants in common or joint tenants can bring a partition action. If you own the property with someone else, you likely qualify. Review the deed or chain of title to confirm your ownership type.

2. Gather Property Records

Collect the deed, recent tax statements, surveys, and any leases. You need a clear legal description and accurate mailing addresses for all owners.

3. Prepare and File the Complaint

Draft a complaint that includes:

• The names and addresses of all co-owners.
• A description of the property with statutory precision. See N.C. Gen. Stat. § 46-1.
• Your request for partition in kind or sale.

File the complaint in the county where the property sits. The clerk of superior court assigns a case number and judge.

4. Serve the Co-Owners

Use the sheriff or a private process server to deliver the summons and complaint. Service must meet the requirements of Rule 4 of the North Carolina Rules of Civil Procedure.

5. Appointment of a Commissioner

Once the answer period ends, the court appoints a commissioner. The commissioner inspects the property, hears evidence about its value, and proposes a plan. You can ask for partition in kind (dividing the land) or sale at public auction.

6. Commissioner’s Report and Confirmation

The commissioner files a report with the clerk. Parties then have a chance to object. If the court approves the report, it issues an order dividing or selling the property and distributes proceeds among the owners.

7. Appeal (If Needed)

If you or a co-owner disputes the decision, you have 30 days to appeal the commissioner’s confirmation order. Appeals go to the North Carolina Court of Appeals.

Initiating a partition action involves strict deadlines and procedural steps. Missing a deadline or filing error can delay the process or harm your rights. An experienced probate and real property attorney can guide you through each phase.

Key Takeaways

• Only tenants in common or joint tenants may file for partition.
• File your complaint in the county where the land sits under N.C. Gen. Stat. § 46-1.
• Serve all co-owners properly under Rule 4 of the North Carolina Rules of Civil Procedure.
• The court appoints a commissioner to value and divide or sell the property.
• You must object to the commissioner’s report within the court’s deadline or waive issues.

Call to Action

Partition actions demand careful attention to procedure and timing. Pierce Law Group has experienced attorneys ready to help you protect your interests. Contact us today to discuss your case. Email us at intake@piercelaw.com or call us at (919) 341-7055.