NORTH CAROLINA PARTITON LAW
How to Get a Real Estate Partition in North Carolina
When two or more parties own land jointly, each person has a right to sever the ownership relationship and go their separate ways. A partition can be voluntary if the parties can agree enough to negotiate a contractual agreement as to the disposition of the property. However, even if they cannot agree to divide or sell the property, the parties still have a right to partition and can seek it through a court procedure.
A real estate partition in North Carolina (in Lexington, Charlotte, Raleigh, Durham, or other areas) will divide the property in one of two ways. It can be divided through a partition in kind, where the land is physically divided between the owners, leaving each with a carved out portion of the land to themselves. If the land cannot be physically divided because it contains a home or other type of structure, then the most common means of partition is a partition by sale. In these cases, the home is sold at auction and the proceeds are divided among the owners.
Partition law in NC requires that the property or funds be divided according to the tenancy that the parties held when they co-owned the property. If they were joint tenants, then they must divide the property equally between the owners. If they were tenants in common, then the property must be divided according to each owner’s respective percentage ownership interest. North Carolina is a title theory state, which means that any lender who holds a mortgage on the property has title to the property through a deed of trust and must be a party to the litigation.
If you own property in North Carolina and you are interested in partitioning it, you should speak with an experienced partition lawyer about your property rights.