Short Answer

Yes. In North Carolina, heirs who own an undivided interest in real property can file a partition proceeding in the Clerk of Superior Court. A spouse disqualified under the Slayer law is treated as if they predeceased the decedent and cannot block partition merely by occupying the home. If the land and home cannot be fairly divided, the court can order a sale and divide the net proceeds among the co-owners.

Understanding the Problem

You want to know whether North Carolina law lets the decedent’s heirs force a partition and sale of a manufactured home and acreage that a disqualified spouse is occupying. The decision point is: can the heirs start a partition in the county where the land sits to obtain a court-ordered sale despite the spouse’s occupation after being disqualified by the Slayer law?

Apply the Law

Under North Carolina law, title to a decedent’s non-survivorship real estate vests in the heirs at death. When the Slayer law applies, the disqualified spouse is treated as having died before the decedent and may not receive property by reason of the death. That usually leaves the heirs and the disqualified spouse (if they held a preexisting interest) as cotenants. Any cotenant may seek partition by filing a special proceeding before the Clerk of Superior Court in the county where the land is located. If a fair physical division is impracticable or would cause substantial injury, the court may order a sale instead of dividing the land. For family “heirs property,” the court follows special procedures that include an appraisal, potential buyout rights, and typically an open‑market sale supervised by a court‑appointed commissioner.

Key Requirements

• Standing as a co-owner: You must hold an undivided interest (often as a tenant in common) to petition for partition.
• Proper forum: File a verified partition petition in the Special Proceedings division of the Clerk of Superior Court where the property lies.
• Necessary parties and notice: Name and serve all cotenants and interested parties; unknown or unlocatable heirs may require a guardian ad litem.
• Sale in lieu standard: Show that physically dividing the tract and home is not practicable or would cause substantial injury; if so, the court may order a sale and division of proceeds.
• Heirs property procedures: If the land qualifies as heirs property, the court uses an appraisal, offers buyout rights to nonpetitioning cotenants, and may then order an open‑market sale.
• Creditor considerations: If a sale will occur within two years of death, coordinate with an estate administration to address creditor rights before closing; procedures and timing can affect title clearance.

What the Statutes Say

• N.C. Gen. Stat. § 31A-3 (Slayer defined) – Who is a “slayer” for disqualification purposes.
• N.C. Gen. Stat. § 31A-4 (Effect of slaying) – Slayer is treated as having predeceased; cannot take by reason of the death.
• N.C. Gen. Stat. § 28A-15-2(b) (Title to real property vests) – Heirs take nonsurvivorship real property at death.
• Chapter 46A (Partition) – Procedures for partition, sale in lieu, and heirs property.

Analysis

Apply the Rule to the Facts: Because the spouse pled guilty to voluntary manslaughter, the Slayer law disqualifies that spouse from inheriting. The decedent’s share of the property passes to the heirs, so the heirs and the occupying spouse stand as cotenants. As cotenants, the heirs can file a partition proceeding. A small tract with a single manufactured home typically cannot be fairly split without reducing value, so a sale in lieu of partition is likely appropriate. If the spouse leased the property, the heirs can seek an accounting for any rent collected.

Process & Timing

1. Who files: Any heir who is a co‑owner. Where: Clerk of Superior Court (Special Proceedings), in the county where the land is located. What: A verified petition for partition requesting sale if division is impracticable; include legal description, ownership chain, and all parties’ information. When: File when ownership is established; if the death is recent, coordinate with any estate administration to address creditors before closing.
2. The Clerk issues summons; all cotenants are served. If the property is “heirs property,” the court typically orders an appraisal and sets windows for buyout elections and payment. If division would cause substantial injury or no buyout occurs, the court orders sale and appoints a commissioner to market and sell the property. Timeframes vary by county and the sale method (open‑market listing is common).
3. The Clerk confirms the sale, approves the commissioner’s report, and directs distribution of net proceeds after costs. The final order and deed from the commissioner resolve title as to the parties to the proceeding.

Exceptions & Pitfalls

• Heirs property rules may give nonpetitioning cotenants a statutory buyout before any sale; plan for appraisal and election windows.
• If any heirs are unknown or unlocatable, the court may appoint a guardian ad litem; failing to include all necessary parties can void relief as to them.
• If the manufactured home’s title was never retired to the real property, you may need to address DMV title issues to convey good title with the land.
• Disputes about title, equitable defenses, or complex accounting can trigger transfer to a Superior Court judge; build a clean record and document any rent received by the occupying cotenant.

Talk to a Partition Action Attorney

If you’re dealing with a disqualified spouse in possession and need to force a partition and sale, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.