Short Answer

In North Carolina, you request a continuance by filing a written motion with the Clerk of Superior Court in the partition case and showing good cause—typically, a specific, near-term refinance or closing date backed by documents. Explain your timeline, attach lender proof, and propose conditions (for example, you will keep taxes, insurance, and mortgage current) to show no prejudice to others. The clerk decides whether to continue the hearing and may set a new date or conditions.

Understanding the Problem

You are in a North Carolina partition action and need to ask the Clerk of Superior Court to postpone a partition sale hearing so you can finish your refinance and closing to buy out the other co-owner(s). Can you get more time, and how do you ask for it? Here, you already have lender pre‑approval and a signed agreement related to assuming the loan.

Apply the Law

Partition actions are special proceedings heard by the Clerk of Superior Court where the clerk controls the calendar and may continue hearings for good cause. A continuance request should show (1) a concrete, near-term closing path; (2) diligence; and (3) that a short delay will not unfairly harm other parties. Venue is typically the county where the land lies. Respondents in special proceedings generally have a short response window, and appeals from the clerk’s final orders are time‑sensitive.

Key Requirements

• Good cause: Provide specific, credible reasons for delay tied to your refinance or closing (e.g., firm closing date, lender conditions outstanding).
• Proof and diligence: Attach lender pre‑approval, loan estimate/commitment, scheduled appraisal/closing, and any settlement agent timeline; explain what is done and what remains.
• No undue prejudice: Offer to keep mortgage, taxes, insurance, and utilities current and maintain the property; propose a short, date‑certain continuance.
• Proper filing and notice: File a written motion in the partition file and provide notice to all parties of record; request a brief hearing if needed.
• Address complicating issues: If there is a title, boundary, or easement dispute, note it—those issues can affect timing and, if raised, may require transfer to Superior Court.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition of Property) – Governs partition actions and sale procedures in North Carolina.
• North Carolina Gen. Stat. § 1-301.2 (Special proceedings: transfer/appeal) – Clerk may transfer when factual or equitable issues are raised; appeals from the clerk’s final orders are de novo and time‑sensitive.
• North Carolina Gen. Stat. § 1-394 (Special proceeding summons/answer) – Provides the framework for initiating and responding in special proceedings, including short answer timelines.
• North Carolina Gen. Stat. § 7A-38.3B (Mediation before the clerk) – Allows the clerk to order mediation, which can support agreed continuances or buyout timelines.

Analysis

Apply the Rule to the Facts: You have lender pre‑approval and a signed agreement to assume the loan. That supports good cause if you present a specific closing date and lender conditions still outstanding. Attach the pre‑approval and any draft closing timeline from the settlement agent. Offer to keep the mortgage, taxes, and insurance current to show no prejudice. Note the unresolved easement issue may complicate a sale and, if properly raised, can justify either a short continuance to resolve it or transfer of that issue to Superior Court.

Process & Timing

1. Who files: The party seeking more time (petitioner or respondent). Where: Clerk of Superior Court in the county where the property is located. What: Written Motion to Continue with a supporting affidavit and exhibits (lender letter, draft timeline, proof of payments). Serve all parties of record. When: File as soon as you have a firm closing date; earlier is better, and many clerks expect several business days’ notice before the hearing.
2. Hearing on the motion: The clerk may hear the continuance request at or before the scheduled partition hearing. Be ready to propose a date‑certain continuance (for example, 30–60 days) and conditions (maintain payments; provide status updates). County practices can vary.
3. Order and next steps: If granted, the clerk will continue the hearing to a date certain and may add conditions. If denied, the hearing typically proceeds; you can still pursue settlement, mediation, or raise title/easement issues that may affect timing or require transfer.

Exceptions & Pitfalls

• Title or easement disputes: If you squarely raise a factual or equitable dispute (e.g., an unresolved easement with a neighbor), the clerk may have to transfer that issue to Superior Court before the sale proceeds.
• Vague timelines: Requests without a concrete closing date or lender conditions are often denied. Bring documents and a realistic, short window.
• Notice missteps: Serve the motion on all parties of record; do not rely on a last‑minute, verbal request at the hearing.
• Carrying costs: If payments or upkeep lapse, other parties may claim prejudice. Offer conditions that protect the property and all interests.
• Consider mediation: If parties are close to a buyout, a mediated consent continuance with deadlines can avoid a sale.

Talk to a Partition Action Attorney

If you’re dealing with a partition sale hearing and need time to complete a refinance or buyout, 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.