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Petition to Partition

When a co-owner refuses to buy you out or sell, you can have the Court split or force a sale of the property.

property is equitably distributed

Lawsuit to force sale or split of land

In North Carolina, if one or more persons owns real estate as joint tenants or tenants in common, they may sue to have their undivided interest sold or split under N.C. GEN. STAT. § 46-1 et seq. This often occurs when cohabitants purchase a house together or a married couple divorces without equitable division of real estate owned by the marriage.

The lawsuit is brought as a Special Proceeding in the Superior Court division of the county in which the land sits. The court favors partition in kind to split the property equally between the cotenants. However, if the court finds that an in-kind or actual partition of the land cannot be made without substantial injury to one of the parties, the land can be sold and proceeds split.

In any case, commissioner(s) are appointed to divide and apportion the real estate or manage the sale of the property. Attorney fees and costs can be taxed against the sale and paid from the proceeds.

Lawsuit to force sale or split of personal property

Like a partition to force the sale or split of real estate, N.C. Gen. Stat. § 46-42 allows one to bring an action for the partition of personal property. Similarly, commissioner(s) are appointed to split the personal property or have it sold and proceeds split.

Contact a NC attorney for advice concerning your specific situation.


Resources

Petition to Partition Statute The Law on Petition to Partition

N.C. Gen. Stat. §46-1 et. seq. sets forth NC Law on a Petition to Partition real property

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