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Real Estate Partitions in North Carolina: Understanding Your Rights and Options

Brady Boyette, PLLC, provides comprehensive legal services for real estate matters, including real estate Partitions. In North Carolina, Partitions are legal processes used to divide or sell jointly owned real estate when co-owners cannot agree. Disagreements among co-owners can arise over property maintenance, occupancy rights, or financial contributions. Whether to sell or keep real estate is another common problem among co-owners. This comprehensive guide will explore the intricacies of Partitions in North Carolina.

When Are Partitions Needed?

There are many situations that lead to disagreement among co-owners of real estate. The most common situations are as follows:
-A person dies owning real estate and did not leave a last will and testament, causing the decedent’s closest blood relatives to inherit the real estate.
-A person dies owning real estate and leaves a last will and testament, causing multiple beneficiaries to inherit the real estate.
-A couple in a romantic relationship, who are unmarried, purchase real estate together and later end their relationship.
-People who are related purchase real estate together, who later become estranged.

What happens if only one of the co-owners wants to sell? The one co-owner is unable to sell the real estate through a traditional private sale unless all other co-owners agree.

What happens if all the co-owners, but one, want to sell the real estate? Even if there is only one holdout, this will prevent the real estate from being sold through a traditional private sale.

However, North Carolina law provides a solution to these types of disagreements between co-owners – Partition.

Brady Boyette, PLLC represents real estate owners to assist them with the Partition process.

Court Ordered Partitions:

In cases where co-owners cannot reach a voluntary agreement, a Court ordered Partition is necessary. A Partition involves the party wishing to sell the real estate filing a Petition for Partition to request the division or sale of the jointly owned property.

During the first Partition hearing, the Court will consider the size and use of the property. In most cases, the Court will find that the real estate is too small and not appropriate for an actual division of the real estate and will therefore order that the real estate be sold. If the property is ordered to be sold, the Court will appoint a commissioner to oversee the partition process and ensure that the interests of all co-owners are fairly represented.

Alternatively, if the land parcel is large enough and appropriate for a division, the Court may order a physical division of the property if feasible. In situations where the property is a single-family residence on a few acres or less, it is unlikely that the Court will order a physical division.

After the commissioner sells the real estate, a second hearing will occur to determine how the proceeds from the sale should be divided among the co-owners. During this hearing, the Court considers who has been paying the carrying costs for the property, such as the mortgage, HOA dues, homeowners insurance, lawn care, necessary repairs, etc. A co-owner of the property who bore more than their fair share of the carrying costs may show the Court that they are due reimbursement in the form of a greater share of the proceeds. The Court does require the co-owner to prove these costs, so the keeping of detailed records and receipts is important.

Voluntary Agreement:

Co-owners can reach a voluntary agreement without the need for court intervention, thus avoiding the Court ordered Partition. A voluntary agreement involves negotiating and drafting a legally binding agreement that outlines the terms of the property division or sale.

Brady Boyette, PLLC represents real estate owners to assist them with negotiations with the opposing co-owner(s).

Brady Boyette, PLLC Protecting Your Rights:

Navigating disagreements among co-owners is complex and can be emotionally challenging. Brady Boyette PLLC is committed to providing expert legal guidance and representation to individuals involved in real estate disagreements. Our experienced attorneys will work to protect your rights and advocate for your interests.

Brady Boyette, PLLC can represent an owner of real property anywhere in North Carolina. We are not limited to real property located in Wake County.

Contact us today to schedule a consultation and learn more about how we can assist you with your real estate disputes.