Short Answer

In North Carolina, any co-owner (tenant in common) may file a partition action to divide the property or, if a fair division is not practical, to have the court order a sale and split the proceeds. The case starts as a special proceeding before the clerk of superior court in the county where the land sits. If the property qualifies as heirs property, the court must follow added steps, including an appraisal and a co-owner buyout option, before a sale. A co-owner’s refusal to list the parcel does not block a court-ordered sale.

How North Carolina Law Applies

Co-owners who inherit real estate share undivided interests. If you and a relative cannot agree to sell or to physically split the land, you can ask the court for a partition. North Carolina prefers a physical division (partition in kind) when it can be done fairly. If dividing the parcel would cause substantial injury to an owner—like significantly reducing value or creating unusable pieces—the court can order a partition by sale and divide the net proceeds by ownership percentages.

Most inherited parcels meet the definition of “heirs property,” which triggers additional protections. The court must confirm whether the land is heirs property, obtain an independent appraisal, give non-filing co-owners a chance to buy out the filer’s share at the appraised value, and, if a sale is necessary, use market-based methods (often an open-market sale with a broker) rather than a courthouse auction where appropriate.

Applied to your situation, if your family member refuses to list the inherited parcel, you may file a partition case for that specific parcel. If the court finds a fair physical split is impractical, it can order a sale and distribute the net proceeds to each co-owner based on their interests.

Key Requirements

• You are a co-owner (usually a tenant in common) of the parcel you want to sell.
• File in the county where the land is located and name all co-owners and any known lienholders.
• Service of process must follow Rule 4 (sheriff, certified mail, or other authorized means).
• Partition in kind is preferred if it will not substantially injure any owner; otherwise, the court may order a sale.
• If the parcel is heirs property, the court follows added steps: appraisal, notice, potential buyout by co-owners, and, if needed, an open-market sale process.

Process & Timing

1. File the petition: Start a special proceeding with the clerk of superior court in the county where the parcel lies. Include the legal description, your ownership, the names/addresses of all co-owners, and whether you seek division in kind or by sale.
2. Serve all parties: Serve the special proceeding summons and petition under Rule 4. Respondents typically have 10 days after service to answer in a special proceeding.
3. Initial hearing: The clerk identifies the parties and the issues. If uncontested and division in kind is feasible, the clerk can appoint commissioners to propose a fair physical division. If contested or complex issues arise, the clerk may transfer the case to a superior court judge.
4. Heirs property steps (if applicable): The court determines whether the land is heirs property, orders an appraisal, and gives non-petitioning co-owners a buyout window. If no buyout occurs and division in kind would cause substantial injury, the court proceeds to sale.
5. Sale process: The court orders a judicial sale consistent with North Carolina’s judicial sales law. Many sales include a 10-day upset bid period. In heirs property cases, courts often use an open-market sale with a broker to maximize value.
6. Distribution: After closing, the clerk confirms the sale, pays costs and liens, and distributes net proceeds according to each co-owner’s percentage (adjusted for any court-ordered equalization payments).
7. Appeals/transfer: If a party raises an issue of fact or equitable relief in the pleadings, the clerk must transfer the case to a superior court judge; orders may be appealed under the applicable rules.

What the Statutes Say

• North Carolina Partition Statutes (Chapter 46A): Governs partition actions, including division in kind, partition by sale, and special rules for heirs property (appraisal, buyout, and sale procedures).
• Judicial Sales (Chapter 1, Article 29A): Sets procedures for court-ordered sales, including notice and upset bid rules commonly applied to partition sales.
• G.S. 1-301.2: Requires the clerk to transfer a special proceeding to superior court if a pleading raises an issue of fact, an equitable defense, or requests equitable relief.
• G.S. 1-394: Addresses special proceeding summons and the time for respondents to answer after service, which applies in partition special proceedings.

Exceptions & Pitfalls

• Missing parties: If you do not name and serve every co-owner (and, when prudent, lienholders), a sale order can be undermined. Track down addresses and consider publication service where appropriate.
• Heirs property steps skipped: When the parcel is heirs property, courts must consider appraisal and co-owner buyout rights before ordering a sale. Skipping these steps risks delay or reversal.
• Assuming sale is automatic: The court prefers division in kind when it can be done fairly. Be ready to show why a physical split would materially reduce value or harm an owner’s interest.
• Issues beyond the clerk’s role: If pleadings raise factual disputes or equitable claims (for example, a deed validity challenge), the clerk must transfer the case to a judge—expect added time and litigation steps.
• Estate interference: If an open estate still needs the parcel to pay debts, a personal representative may seek a sale in the estate context; coordinate with the estate to avoid conflicting orders.
• Title problems: Old liens, unknown heirs, or boundary issues can stall a sale. Address title defects early.

Helpful Hints

• Collect the deed, tax card, survey (if any), and a simple ownership chart listing each co-owner’s percentage and current address.
• If you want a sale, document why a physical split would hurt value or be impractical (e.g., zoning limits, access problems, single home site).
• Expect an appraisal in heirs property cases; line up your own valuation support to test the number.
• Keep an eye on upset bid deadlines and sale confirmations to avoid delays or missed opportunities.
• Procedures and timelines can vary by county; ask about local practices when you file.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner who refuses to sell an inherited parcel, 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.