Partition Sale of Leased Property in North Carolina

A recent N.C. Court of Appeals decision highlights the sale of personal property. In the case of Whitesale v. Barnwell, the parties owned a leased interest in real property and a mobile home on Belews Creek Lake in Rockingham County, NC. Ms. Barnwell made numerous arguments against the validity of the sale of the leased interests. These arguments were rejected by the appellate court.

A lease is treated as personal property when involved in a partiion action. If the personal property cannot be divided without injury to one of the parties that owns it, then the Court may order that it be sold at a partition sale.

For the court of appeals decision, go to: http://appellate.nccourts.org/opinions/?c=2&pdf=31616

If you need representation in a Partition Action or Partition Sale in North Carolina, call Kirk Sanders at 336-724-4707