Probate Q&A Series

What legal remedies exist in North Carolina when a co-owner refuses to buy out your inherited property share?

Detailed Answer

When you inherit property with one or more co-owners, each of you owns an undivided interest. If a co-owner refuses to purchase your share, North Carolina law lets you force a division or sale of the property. The primary remedy is a partition action under N.C. Gen. Stat. § 46-2. Through this proceeding, you ask the court to:

  • Divide the land physically (partition in kind), if it makes sense.
  • Order a sale and split the proceeds if a division would cause serious prejudice (partition by sale).

Under N.C. Gen. Stat. § 46-6, the judge decides if a fair physical division is possible. If not, the court orders a public sale. After sale, the clerk distributes net proceeds to each owner by ownership share.

Before filing a partition action, you can:

  • Send a written demand letter asking the co-owner to buy your share.
  • Obtain a professional appraisal to set fair market value.
  • Offer structured payment terms or mediation to reach agreement.

If these steps fail, you file a verified complaint in Superior Court in your county of residence or where the property lies. The court appoints commissioners under N.C. Gen. Stat. § 46-7 to survey, value, and recommend division or sale. You may also seek injunctive relief if the co-owner is wasting property or blocking access.

Key statutes:

Key Steps to Protect Your Interest

  • Document your ownership. Keep deeds and probate orders that show your share.
  • Request an appraisal. A neutral appraisal gives you a market-based value.
  • Send a demand letter. State your intent and a deadline for buyout offers.
  • Explore mediation. A mediator can help you negotiate terms.
  • File a partition action. Ask the court to divide or sell the property under N.C. Gen. Stat. § 46-2.
  • Work with commissioners. Present evidence on division feasibility and property use.
  • Enforce the decree. After sale or division, ensure the court disburses net proceeds to you.

Conclusion & Next Steps

If a co-owner refuses to purchase your inherited share, North Carolina’s partition laws offer a clear path to resolve the dispute. Pierce Law Group has years of experience guiding clients through appraisal demands, mediation, and court-ordered partition proceedings. Let us help you protect your rights and reach a fair outcome.

Contact Pierce Law Group today by email at intake@piercelaw.com or by phone at (919) 341-7055. We stand ready to assist you in resolving your co-ownership dispute.