Short Answer

Usually yes. In a North Carolina partition by sale, the Clerk of Superior Court may approve the commissioner’s reasonable, necessary out-of-pocket expenses (like cleanup) as costs of the sale. Those approved costs are paid from the sale proceeds before distribution to the co-owners. You must file an itemized request, and no payment is made until the clerk enters an order—by consent or after a hearing.

Understanding the Problem

North Carolina: A commissioner appointed in a partition case asks, “Can I get reimbursed from the sale proceeds for trash removal and yard cleanup I paid for?” The role is the court-appointed commissioner. The action is reimbursement of necessary sale-related expenses. The timing: the public sale has closed; proceeds are in trust awaiting approval of fees and costs by the Clerk of Superior Court.

Apply the Law

Under North Carolina partition law, a commissioner’s compensation and reasonable, necessary out-of-pocket expenses tied to preserving, preparing, and selling the property are typically treated as costs of the sale. The Clerk of Superior Court oversees reasonableness and must approve those costs before payment from the proceeds. Judicial sale procedures apply, including filing a report of sale, allowing for an upset-bid window, and obtaining confirmation before distribution. Forum: Clerk of Superior Court in the county where the partition is pending. A common timing trigger is the end of the upset-bid period and entry of an order confirming the sale, after which the clerk considers requests to tax and pay costs from proceeds.

Key Requirements

• Necessary and reasonable: Expenses must be directly related to preserving, securing, cleaning, or marketing the property for the sale, and be reasonable in amount.
• Clerk approval before payment: The Clerk of Superior Court must approve both commissioner compensation and expense reimbursement before any disbursement from the proceeds.
• Documentation: Itemize each expense and attach receipts/invoices; be prepared to explain why the work was needed for the sale.
• Proper timing: Request approval after the upset-bid period has run and the sale is confirmed; costs are then taxed and paid from proceeds before co-owner distributions.
• Process options: If all parties consent, submit a proposed consent order; otherwise, notice a hearing for the clerk to determine reasonableness.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition of Property) – framework for partition, including appointment of a commissioner and sales.
• North Carolina Gen. Stat. Chapter 1, Article 29A (Judicial Sales) – procedures for report of sale, notice, upset bids, confirmation, and distribution of proceeds.
• North Carolina Gen. Stat. § 1-339.25 (Upset bids on real property) – establishes the upset-bid process and timing before confirmation.
• North Carolina Gen. Stat. § 6-21 (Costs allowed in discretion) – allows the court to tax costs in special proceedings.

Analysis

Apply the Rule to the Facts: Here, the commissioner paid for cleanup and has receipts. Those expenses relate to preserving and marketing the property for the commissioner’s sale, so they can be treated as sale costs. Because no petition has been filed and no order entered, the clerk has not yet approved payment. The next step is to file an itemized request with receipts and either submit a consent order signed by all parties or notice a hearing so the clerk can approve reimbursement from the proceeds before distributions.

Process & Timing

1. Who files: The commissioner. Where: Clerk of Superior Court in the county where the partition special proceeding is pending. What: A motion/petition to approve commissioner compensation and expense reimbursement, with an itemized list and receipts; propose a consent order if all parties agree. When: After the upset-bid period has expired and the sale is confirmed; request that the clerk tax and pay approved costs from the proceeds before distribution.
2. Circulate the filing to all parties. If everyone signs a consent order, submit it to the clerk for entry. If not, calendar a hearing; counties vary, but expect a few weeks for a hearing date and order.
3. After approval, the clerk enters an order taxing costs and authorizing payment from the proceeds. The commissioner disburses per the order and files any required final report/receipt-and-disbursement documentation.

Exceptions & Pitfalls

• Expenses not tied to preserving or marketing the property (or that are excessive) may be reduced or denied.
• Do not disburse any fee or cost before clerk approval; payment in advance can trigger objections and delay distribution.
• For larger or non-urgent work, seek prior authorization; some clerks expect pre-approval for significant preservation expenses.
• If any owner is a minor or incompetent, additional safeguards apply; the clerk will scrutinize reasonableness and may require judge approval for aspects of the sale.
• Ensure proper notice or signed consents; service defects can delay approval and distribution.

Talk to a Partition Action Attorney

If you’re dealing with reimbursement of commissioner expenses from partition sale proceeds, 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.