What legal remedies exist when a co-owner refuses to buy out your share in a North Carolina probate partition action?
1. Detailed Answer
When you inherit property as a co-owner in North Carolina, you share rights and responsibilities with the other owners. If one co-owner refuses your offer to buy out your share, state law gives you clear tools to resolve the impasse. Under N.C. Gen. Stat. § 28A-19-1, any person with an interest in estate property may ask the clerk of superior court to open a probate partition proceeding. This petition triggers two main options:
- Partition in kind: The court divides the real property into physically distinct parcels, giving each co-owner a share. This works when the tract splits reasonably without unfairly diminishing value.
- Partition by sale: If dividing the land would harm its value or cannot be done equitably, the court orders a public sale and allocates proceeds by ownership percentage. See N.C. Gen. Stat. § 46-6 and N.C. Gen. Stat. § 46-11.
In practice, you file a formal petition in the county where the property sits. The clerk issues summons for all co-owners. If the other party objects, the matter proceeds before a judge. At trial, the court considers appraisals, existing use, and any agreements among owners to decide whether to divide or sell.
Beyond partition, you may seek a judicial appraisal. The court appoints an appraiser and fixes fair market value. If the co-owner still declines a voluntary purchase, court-ordered sale uses that valuation.
If the co-owner acts wrongly—hiding assets, refusing appraisal, or failing fiduciary duties—you can ask the court to impose additional remedies. These may include:
- Financial sanctions or attorney’s fees under general equity powers.
- A constructive trust if they misappropriate estate funds.
- Damages for breach of co-owner duties.
North Carolina courts favor prompt resolution. Expect timelines of several months from petition to final order, depending on complexity. You remain entitled to receive your share of net proceeds or property within weeks of sale or division.
2. Key Points to Remember
- File a probate partition petition under N.C. Gen. Stat. § 28A-19-1 in the county clerk’s office.
- Be prepared to choose between partition in kind and partition by sale.
- Obtain a judicial appraisal to establish fair market value.
- Notify all co-owners with a summons and allow time for response.
- Rely on N.C. Gen. Stat. § 46-6 and § 46-11 for sale procedures and proceeds distribution.
- Consider additional equitable remedies if the co-owner breaches duties or hides assets.
- Engage counsel early to meet court deadlines and protect your financial interest.
Conclusion & Call to Action
If a co-owner won’t buy out your share, North Carolina law gives you the right to a fair division or sale. You can rely on statutory procedures for partition and appraisal to secure your inheritance. Pierce Law Group has skilled attorneys ready to guide you through this process. Contact us today to protect your rights. Email us at intake@piercelaw.com or call us at (919) 341-7055.
