As a result of inheritance or the death of a loved one, people often become co-owners of real estate. In North Carolina, a co-tenant generally has the right to partition land they own with other co-tenants.
A partition is a special proceeding filed by a co-tenant when the parties cannot agree on how the property should be owned, managed, divided, or sold.
Upon filing a petition for partition, the Court may:
- Order the property be physically divided according to each parties’ interest (known as an actual partition or partition in kind); or
- Order that the property be sold, and the proceeds be distributed to the co-tenants according to their respective interests.
North Carolina law favors actual partition over partition by sale whenever it is possible to do so. For a partition sale to be ordered, the court must decide that an actual partition will damage the fair market value of the property or the rights of one or more of the co-tenants.
If you own property with other people and no longer want to be co-tenants, a partition action is likely your best course of action. The attorneys at Hendrick Bryant Nerhood & Sanders, LLP handle partition cases throughout the State of North Carolina. Call Kirk Sanders at 336-768-1515 to discuss your options.
See Chapter 46A of the North Carolina General Statutes for additional information. https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_46A.pdf
For More Information, see our companion website article: https://hendricklawfirm.com/what-is-a-partition/
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