Jul292025
Probate Q&A Series

What legal options exist when a co-owner won’t buy out my share of an inherited property?

Detailed Answer

In North Carolina, it’s common for siblings or other heirs to inherit real estate as tenants in common. When one co-owner resists buying out the others, you have two primary paths: negotiate a voluntary buy-out or ask a court to force a sale through a partition action.

1. Try Negotiation First

Begin by sending a written demand outlining your request. A clear demand letter may prompt your co-owner to negotiate rather than incur court costs. Consider mediation or a neutral real estate professional to value the property. If you reach an agreement, record a deed transferring interests or adjust title to reflect the buy-out.

2. File a Partition Action

If negotiation fails, you can file an action for partition in the Superior Court of the county where the property sits. The court oversees a sale or division of the land and distributes proceeds among co-owners based on ownership shares.

Partition actions in North Carolina follow N.C. Gen. Stat. § 46-21. The judge can:

  • Order a partition in kind, dividing the land if physical division makes sense.
  • Order a partition by sale, appointing commissioners to sell the entire property and split the proceeds.

The court may appoint three disinterested commissioners who appraise, list, and sell the property. After sale, the clerk collects sale costs and pays each party according to their ownership percentage. You can ask for advances or credits if one party contributed more to improvements or expenses.

3. Consider Equitable Adjustments

North Carolina courts recognize contributions toward taxes, insurance, mortgage payments, or repairs. If you paid larger shares of these costs, the court may offset your distribution under N.C. Gen. Stat. § 46-23. Document all payments and maintain receipts to support your claim.

4. Understand Time and Cost

A partition action can take several months to more than a year, depending on court schedules and complexity. You’ll incur filing fees, commissioner fees, appraisal costs, and possibly attorney’s fees. Compare these costs against the value of your share before deciding.

Key Steps to Protect Your Interests

  • Get a professional appraisal. A certified real estate appraisal sets a fair market value.
  • Send a written demand. A clear demand letter often leads to faster resolution.
  • Explore mediation. A neutral mediator can help you reach a buy-out agreement.
  • Gather documentation. Keep records of expenses you paid for taxes, insurance, repairs, and improvements.
  • Consult an attorney. An attorney can guide you through negotiation or file a partition action if necessary.
  • Consider tax implications. Selling your share may trigger capital gains tax; discuss this with a tax advisor.

A forced partition ensures you receive fair value for your share, even when a co-owner won’t cooperate. By understanding North Carolina’s partition statutes and preparing thoroughly, you maintain control over your inheritance and protect your financial interests.

Call to Action

If a co-owner refuses to buy out your inherited share, you don’t have to face this alone. Our attorneys at Pierce Law Group have extensive experience guiding clients through negotiation, mediation, and partition actions under North Carolina law. Contact us today to discuss your rights and options:

Let us help you protect your share of the inheritance and achieve a timely, fair resolution.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.