What steps do I need to file and complete a partition action to sell co-owned real property in North Carolina?
Detailed Answer
When multiple owners hold real estate together and cannot agree on its use or sale, North Carolina law allows one or more co-owners to seek a court‐ordered partition. A partition action forces either a physical division (partition in kind) or a sale of the property with proceeds divided among owners. Chapter 46 of the North Carolina General Statutes governs these actions, ensuring every co-owner’s rights receive protection.
1. Confirm Ownership and Try Voluntary Agreement
Begin by reviewing deeds and title documents. Confirm all current co-owners and their percentage interests. Before filing, send a clear written proposal to co-owners outlining how you wish to divide or sell the property. A settlement avoids court costs and delays.
2. Prepare and File the Complaint
If an agreement fails, prepare a complaint in superior court for the county where the property lies. The complaint must include:
- Names and addresses of all co-owners (defendants).
- Property description.
- Statement that co-owners hold title as tenants in common or joint tenants.
- A request for partition or sale under N.C. Gen. Stat. § 46-1 and § 46-2.
3. Serve Co-Owners
Serve each co-owner with the complaint and summons according to the North Carolina Rules of Civil Procedure. Everyone with an ownership interest must receive proper notice.
4. Appointment of Commissioners
If the court orders partition in kind or sale, it appoints three neutral commissioners under § 46-18. Commissioners inspect the property and make a report.
5. Property Appraisal and Hearing
Commissioners appraise the land’s fair market value. They hold a hearing to hear objections. The court reviews the report. If division in kind proves impractical or inequitable, the court orders a sale.
6. Conduct the Sale
Under § 46-23, commissioners sell the property at public auction or private sale. They must advertise the sale as required by statute and local rules.
7. Confirmation and Distribution
After the sale, commissioners submit a report. The court confirms the sale by order. Then the clerk distributes proceeds to co-owners, less costs and liens, according to each ownership share under § 46-32.
Key Steps Checklist
- Review title and confirm co-owners’ interests.
- Attempt voluntary agreement in writing.
- Draft and file partition complaint in superior court.
- Serve all co-owners with complaint and summons.
- Request appointment of commissioners.
- Attend hearings on appraisal and division.
- Follow statutory advertising and sale procedures.
- Obtain court confirmation of sale.
- Distribute sale proceeds per ownership percentages.
Conclusion and Next Steps
Handling a partition action involves strict procedures and deadlines under North Carolina law. Missed steps can delay sale or reduce your share of proceeds. For clear guidance and effective representation, contact Pierce Law Group. Our attorneys focus on probate and real property matters. Reach out today to discuss your case.
Email us at intake@piercelaw.com or call (919) 341-7055. Let us help you navigate the partition process and protect your interests.
