Understanding Partition Actions

A partition action lets co‐owners of real property divide or sell land when they cannot agree on its use or management. North Carolina law governs partition actions in Chapter 46 of the General Statutes. Under N.C. Gen. Stat. § 46-1, any co-owner may file a lawsuit asking the court to divide the property physically (partition in kind) or order a sale and divide the proceeds (partition by sale).

Key Elements of a Partition Action

Before you start, check that:

• You and at least one other person own the property as tenants in common or joint tenants.
• No written agreement bars partition.
• You know each co‐owner’s share.

Steps to Start a Partition Action

1. Identify Co-owners:
   List every person or entity with an ownership interest.
2. Prepare the Complaint:
   Under N.C. Gen. Stat. § 46-2, include:
   • A legal description of the property.
   • Names and addresses of all co-owners.
   • Each owner’s claimed interest.
   • Whether you seek partition in kind or by sale.
3. File in Superior Court:
   Submit your complaint in the county where the land sits. Pay the filing fee set by the clerk.
4. Serve Defendants:
   Deliver the summons and complaint to each co‐owner. Follow civil procedure rules for service.
5. Request a Hearing:
   The court will set a date. You may present evidence about ownership shares and property value.
6. Obtain the Court Order:
   If the judge orders partition in kind, a surveyor divides the land. If by sale, the clerk or commissioner sells the property and splits proceeds based on shares (N.C. Gen. Stat. § 46-9).

Practical Tips

• Hire a licensed surveyor early to estimate costs.
• Gather deeds, title policies and tax records before filing.
• Communicate openly with co-owners to reduce conflict.
• Consider mediation to reach an agreement without court intervention.

Partition actions involve strict deadlines and complex rules. Getting help ensures you meet all requirements and protect your interest in the property.

Take Action Now

If you need to file a partition action in North Carolina, turn to Pierce Law Group. Our attorneys handle these cases efficiently. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.

Checklist for Starting a Partition Action

• Confirm co-ownership status and shares.
• Review your deed and any existing agreements.
• Draft a complaint meeting N.C. Gen. Stat. § 46-2 requirements.
• File in the correct Superior Court and pay applicable fees.
• Serve all co-owners according to North Carolina Rules of Civil Procedure.
• Attend the hearing with documentation of value and title.
• Decide whether you prefer partition in kind or partition by sale.
• Follow up with the court order and work with a surveyor or commissioner.