46A-29(b), the court shall order a sale of the real property described in the petition, or of any part of the property, under this Part only if it finds by a preponderance of the evidence that an actual partition of the property pursuant to Part 2 of this Article cannot be made without substantial injury to any of the . Heart Balm Torts & Alienation of Affection, Court Ordered Reunification Therapy in Divorce Proceedings, Crypto Currency in Divorce Proceedings Undergoing Equitable Distribution, Equitable Distribution and Temporary Restraining Orders, Property Division and Unequal Distribution, Division of Military Benefits and Property and Military Divorce FAQs, Contempt: Penalties for Ignoring a Family Court Order, Establishing Paternity in a Civil Action Regarding Children Born Out of Wedlock, Grounds for an Interlocutory Appeal in Family Law Cases, Interference with an Emergency Communication, Board Certified Family Law Specialization. Are Your Neighbors Infringing on Your Property? When you need Sample Partition Complaint, don't accept anything less than the USlegal brand. G.S. Whenever a husband and wife acquire property throughout a marriage, this property is jointly owned by the two of them. Jointly Owning Property: When an Economical Option Turns Costly - the Partition Proceeding. 1) you file a petition to partition, in the appropriate court (multiple courts have jurisdiction over partition actions, and the choice of court can be important.) Affordable Housing and Community Development, Business Bankruptcy and Creditors Rights, Commercial Lending and Financial Institution Services, Renewable Energy Financing and Development, Business Bankruptcy and Creditor's Rights, The new law changes how attorney fees can be awarded in partition cases. endstream endobj 1482 0 obj <>/Metadata 145 0 R/OCProperties<>/OCGs[1493 0 R]>>/Outlines 165 0 R/PageLayout/SinglePage/Pages 1469 0 R/StructTreeRoot 268 0 R/Type/Catalog>> endobj 1483 0 obj <>/ExtGState<>/Font<>/Properties<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 1484 0 obj <>stream There are two types of Partition proceedings, Partition in kind and Partition by sale. Home. The second is allocating costs/expenses arising from the property and proceeds of the sale. The proceeds of the sale are deposited with the Clerk of Court. The contact form sends information by non-encrypted email, which is not secure. A Partition action must be instituted in the County where the land lies. This page reviews the petition process and provides laws, due dates, forms, and petition sheets. Special Proceedings for the Sale of Real Property. Buying property with someone or receiving property through a relatives estate with a family member can allow two families to own a piece of property without it costing them an arm and a leg. cost of partition action. Contact King Law at888-748- (5464)KINGfor a consultation. Submitted by kirksanderslaw on Fri, 04/29/2022 - 11:33am. 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. Your strategy for how to win a partition action will depend on what you are seeking to do with the property at issue. On the other hand, where an unmarried couple buys a typical suburban house together, it is probably infeasible to literally split the house if the couple decides to end their cohabitation. Partition proceedings are common methods of resolution to property disputes in North Carolina. The party claiming a substantial injury has the burden of proving that such injury would occur if the property is partitioned in kind. Dissatisfied co-owners should also consider hiring an attorney to assist with negotiations before heading to court. All forms provided by US Legal Forms, the nations leading legal forms publisher. It states that, generally, a court must allocate among co-owners, according to their interest in the property, any attorney fees expended for the common benefit of all co-owners. 0 found this answer helpful | 0 lawyers agree. complaint for partition. Winston-Salem, If the court rules your favor as a plaintiff, the commissioners will have 20 days to partition and share the property. 1481 0 obj <> endobj Often, issues arise between joint owners of property over how to use the property, who pays the taxes, who pays for repairs or a new roof on the property, or whether to sell the property. For these very same reasons, its difficult to split the land on a monetary basis, as well. Helpful Unhelpful. Hutchens Law Firm LLP Order that the property be sold, and the proceeds be distributed to the co-tenants according to their respective interests. The agent which listed land for. North Carolina, like other jurisdictions, allows a co-owner of real estate to ask the court for a partition of the land. How Will Early Retirement Affect My Social Security Benefits in a Divorce. 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. hVmO0+i;*elmB|0k#J~wvHew7 SAhf$ QZ. It must be filed with the Clerk of Court in the Superior Court division of the county (or one of the counties) where the real estate is located. This question is for testing whether you are a human visitor and to prevent automated spam submissions. Mediation can help reconcile any minor disagreements so that the parties can still reach an agreement themselves. This approach is favored by Courts, however, it is often difficult to achieve. (a) Subject to G.S. NC General Statutes - Chapter 46 2 46-12: Recodified as G.S. A petition to partition is that legal assistance, and generally takes two forms. Davidson County, High Point, Greensboro, and Guilford County. Accordingly, if multiple co-owners are benefitted by the partition but only one of the owners spent money to hire an attorney to pursue the case, the free riders should have to pay their share of the legal expenses. Remember that creditors to the property can be brought as parties to a petition proceeding. Free Preview Partition Action Forms. If practicable, the commissioners will divide the land into as close to equal plots according to land value as possible and distribute it to the parties in proportion to their investment in and rights to the property. Surprisingly, its usually not the direct family members that inherited the land that cause problems. Attorney's fees in an uncontested partition could realistically be between $10,000 - $20,000. The costs of partition includes: 1. Download the Petition Request form (fillable PDF), Email:elections.sboe@ncsbe.govPhone:(919) 814-0700Fax: (919) 715-0135. Like a partition to force the sale or split of real estate, N.C. Gen. Stat. Whereas courts currently have general discretion on whether to order the payment of some or all of a partys attorney fees in a partition case, the new law provides additional guidance. This often occurs when cohabitants purchase a house together or a married couple divorces without equitable division of real estate owned by the marriage. But what can non-married co-owners do when they are no longer happy owning property together and cant resolve the situation by agreement? There are also additional disputes as to who is allotted how much of the sale or division of the land. Owning property with another co-tenant allows each of the owners to share in the purchase price, taxes, and costly annual maintenance. Call Josh Dearman at 336-723-7200 to discuss your options. In North Carolina, an equitable distribution proceeding can determine how the real estate will be divided, if spouses cant agree. Generally, the quickest and cheapest way to resolve the conundrum is to settle the matter outside of litigation. Well, how do you split it 4 ways equally? With each person given 25 acres, some will likely be getting land worth much more or much less that others. Contact a NC attorney for advice concerning your specific situation. The law says Courts favor Partition in kind rather than Partition by sale. NC It's the only way we will do business. But due to sky-high purchase prices and maintenance costs, it can remain just that - only a dream. Mount Airy, Dobson, Pilot Mountain, Surry County, Yadkinville, Yadkin County, How to Designate the Right Legal Guardian for your Child (and why you need to do so!). If you jointly own property and are interested in discussing having it partitioned and want to discuss your options, we are here to help. Click here to send us a message. 46-1 et seq. Sometimes, however, it is not practical to split the baby when dividing property. A 60 acre tract of swamp land may have the same value as a 15 acres of rich soiled farm land, but few people are happy with that kind of split. Road access, soil quality, elevation, and irrigation levels all effect the value. When a co-owner refuses to buy you out or sell, you can have the Court split or force a sale of the property. For a petition to partition other real property, the commissioners have 20 days to divide the property as equally as possible. Posted on Jul 23, 2011. 4.9. . Partition in Kind also known as Actual Partition occurs when the property is physically divided amongst the owners. Petitions to Partition in North Carolina | de Ondarza Simmons PLLC. 404 N. Marshall St. Performing marriage ceremony. dT[f_B'+9)x_2Dy{i*b\FfwHbzY}_?-XQwiZjI^. Signatures cannot be collected electronically. We have offices located across westernNorth Carolinaand upstateSouth Carolina. PublishedbyDavis W. Puryearon Novermber 15, 2016. 46A-3, the court may order reasonable attorneys' fees to be paid as a part of the costs of the proceeding. 723 Coliseum Drive In such a case, the court can appoint impartial commissioners to fairly divide the property, accounting for the fact that some portions of the property may be more valuable than others. There are two kinds of partition proceedings, partition in kind and partition by sale. (508) 375-6725 or (508) 375-6836. Secure websites use HTTPS certificates. If the court cannot make an actual partition of the land without causing substantial injury to one of the parties, the court can force the sale of the land and split the proceeds between the parties. A partition proceeding takes from 1 1/2 to two years to go to trial. Essentially, the property owner who wants to force the actual division or sale of property will petition the Clerk to either physically divide the property and give each owner their own separate parcel or to appoint a commissioner to sell the entire property to a third party and divide the sale proceeds. In a partition proceeding, the court can divide the land in one of two ways either by actually dividing the land itself (a partition in kind) or by selling the land and dividing the proceeds. Are Brokers Still Relevant? who pays for partition action. (Photocopies of signed forms are not accepted by county or state elections offices. But remember, friends or family can make poor business partners. 2) You record the appropriate notices of the filing in the Registry of Deeds. Petition for Alcoholic Beverage (ABC) Election, Petition for Recognition as Political Party, Political Party Endorsement for President. This is called a petition for partition. King Lawis here to serve you and help navigate this journey you are on. Send filled & signed verified petition for partition in nc or save. An owner may terminate joint ownership in property without consent of the other property owner by filing a petition to partition real property. Does that mean obsolescence looms, It happens more often than you think. Petition to Partition | Charlotte Divorce Lawyers Arnold & Smith. Partition actions are when one party to jointly-owned property or a business wants to sell their ownership rights. . 0 %PDF-1.5 % Parties owning property usually sell the property. Sometimes known as "actual partition," the partition in kind severs the individual interest of each co-tenant, and divides the physical real estate between them. North Carolina Land Sales, Estate Law, and Will Problems, 4 Reasons People Sell Land in NC & the 4 Ds of Real Estate, Sold in 2023: Modular Home on 4 Acres in Siler City $310,000, Two Homes Sold Beside Each Other in Bynum NC September 2022, 4668SF House in Pittsboro NC Sells for $1,357,000 August 2022. 401 Chestnut Street, Suite G In Partition by sale proceedings, the Clerk of Court appoints a Commissioner to oversee the sale of the property. At King Law Offices, it is our goal to provide access to anyone who needs a lawyer in North Carolina and South Carolina, so they can receive the attorney services they need. Petitioner moved out of the house and then filed a petition to partition before the clerk, requesting a partition by sale. You should expect to pay at least $5,000 in attorney's fees and costs, plus there is the cost of a partition referee. North Carolina, like other jurisdictions, allows a co-owner of real estate to ask the court for a partition of the land. The lawsuit is brought as a Special Proceeding in the Superior Court division of the county in which the land sits. how to respond to a petition to partition. The default rule for a partition is that property will be partitioned in-kind (actual division of the property), unless the division of the property would negatively affect the interests of one of the owners. The court can then give each party their share of these partitions, or force the sale of the property and apportion the proceeds accordingly. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Attorneys at Rice Law, PLLC offer quality, personalized service focusing on what's important to the clientfamily, assets, fairness, honesty, and respect. Although the process seems straightforward, many issues may arise in conjunction with determining how sale proceeds should be divided. . There are a number of ways in which a divorcing couple can settle the distribution of shared property in North Carolina. Real Property is often owned by more than one person. "The Forms Professionals Trust . A petition to partition is considered a special proceeding by our legislature, meaning it follows a different set of procedures. A Partition proceeding is a lawsuit filed by a joint tenant or tenant in common owner of property to force the division or sale of real property. First, a petition must be filed with the Clerk of Court in the county in which the property lies. One or both of the parties can file what is called a petition to partition to ask the court to divide the property equitably. Hendrick Bryant Nerhood & Sanders LLP will represent your legal needs throughout Site by The Rainmaker Institute. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. If the property, whether consisting of one or more tracts, is located in more than one Owning property with another can be a cost-effective and great way to have access to a piece of property that you could not otherwise afford on your own. Partitioning is the division of property, real or personal, by joint owners. Contact yourcounty board of electionsofficefor information and the status of a petition youinitiated there. Petition for Partition Sample. However, it is common for disputes to arise over jointly owned property. Owning a beach house, mountain house, or even a piece of land out in the country is a dream for many families. To check the status of petitions filed with the State Board: 1 Fact Sheets address specific types of petitions: ABC; Petition in Lieu of Fee; Unaffiliated; New Party; and Write-In. But, what if a property owner has made considerable improvements to the property, paid all of the taxes, made mortgage payments, or incurred other costs associated with the property without contribution from the other owners? Visit Our: Charlotte Personal Injury Website. Some examples of substantial injury to a parties interest include when the property is a small lot with a single residence (such as with vacation homes) and cannot equitably be divided, or if the property where physically divided one party would end up with unusable land. Partition in Kind Partition in Kind also known as Actual Partition occurs when the property is physically divided amongst the owners. Partition by Sale occurs when the property is sold at fair market value and the proceeds are divided in accordance with each owners share. 46-42 allows one to bring an action for the partition of personal property. After payment of costs, a little more than $192,000 remained from the purchase price. Copyright King Law 2023 All Rights Reserved. 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. 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. Partition simply means "division". Upon filing a petition for partition, the Court may: North Carolina law favors actual partition over partition by sale whenever it is possible to do so. 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. The attorneys at Hendrick Bryant Nerhood & Sanders, LLP handle partition cases throughout the State of North Carolina. The idea though can be generalized according to the type of existing deed to the property. The process can take longer because it depends on how complicated the case is, the disputes between the involved parties, and the court's . (2) That pursuant to G.S. Winston-Salem: 7A-309.) 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. We handle Partition actions start with a petition and are Special Proceedings brought before the Clerk of Court. North Carolina Judicial Branch Court Costs and Fees ChartCivil | December 2020 Page 2 of 3 : MAGISTRATES SPECIAL FEES (G.S. Selling Land in the Information Age. 46-13: Recodified as G.S. %%EOF But due to sky-high purchase prices and maintenance costs, it can remain just that - only a dream. The obvious answer is to give each party 25 acres, but not all acres are equal in value. 7n8;}{2@|v H6@(e%? f]lL^5yN*^\`bON#u .-@bPUi6C}JV=0JQH}rA!ts0wX9\V'A@;{b C>P7E3"L If youve bought land in a rural area, chances are youll need land clearing services. In this case the court costs and attorney fees can be taxed against the sale of the real estate and paid from the proceeds. Toll-Free: (800) 880-1130, Blanco TackaberyAttorneys at Law Depending on the circumstances of the case, the court will partition the property through 1) physical partition (partition in kind), or through judicial/forced sale partition. Petition rules vary from state to state. Attorney fees and costs can be taxed against the sale and paid from the proceeds. The clerk ordered the partition by sale and appointed a commissioner who then sold the property. A petition is a formal written request, signed by citizens affected by or having an opinion on the issue in question. Can I be Sued if I Date a Married Man or Woman? Hendrick Bryant Nerhood Sanders & Otis LLP, https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_46A.pdf, https://hendricklawfirm.com/what-is-a-partition/, Kernersville Farm, Residences or Development For Sale, Partition Sale - Stokes County 2020-21 Acreage, Timeline in Will Contest Litigation in NC, Post Judgment Collections against Epstein trust with $578 million, Order the property be physically divided according to each parties interest (known as an actual partition or partition in kind); or. Part 1. In determining whether there may be substantial injury to an owner the court can consider whether the fair market value of each owners share in the actual partition would be materially less than the amount each owner would receive from a sale, and whether an actual partition would result in a material impairment of one of the owners rights. In this video, Real, These days, there is very little information that cant be found online. All Rights Reserved. If you are facing a family law issue such as divorce, it is important to retain an experienced and dedicated family law attorney. Contact Us for a Consultation (984) 837-0361. Two common ways people come to jointly own property is through inheritance, or when jointly buying a vacation home. When all joint owners are getting along, everything is great. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. *For more information on the criteria for inclusion, please click on the logo to be taken to the methodology page of these organizations. A hearing is held before the Clerk of Court to divide the proceeds. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Note: Emailing, messaging, or calling does not constitute Attorney-Client Privilege. Partition proceedings are the laws answer when joint property owners cannot agree. Contact us today for a consultation. Elliot has a broad range of experience with real estate disputes. Yfl.q+F\f>t_3XvIrFkZZID"1 ]j5i9zHOQc8idk2k&"nb2Wo5ji1YbjT8s[w/!q#@iw-x}! U Fayetteville, NC 28311, Attorney Responsible for content: H. Terry Hutchens |, BB&T V. Peacock Farms: What This Means for the Trial Attorney, Tale of Two Properties: Do I Have an Easement, Borrower's Failure to Properly Challenge Foreclosure. hbbd``b`/@D*D lP\@Hdg`bd 2 Unaffiliated judicial petitions and the petition request forms to be submitted by the interested candidate are always managed directly with the State Board of Elections, regardless of the jurisdictional boundaries of the seat. North Carolina. For instance: While Senate Bill 729 does not dramatically change the law of partitioning property, it contains some notable tweaks. What Can it do. If it's worth enough to bring the action, it can be partitioned. A petition to partition can divide 1) real estate or 2) personal property that is jointly owned by a divorced couple. Venue in partition. If equitable distribution is not filed for before divorce is finalized, or if the equitable distribution does not address all of the couples joint property, a petition to partition might be the last option available to the divorced couple who still cannot agree on what to do with shared property such as the marital home or real estate. A Petition to Partition may be filed if parties own real estate together and cannot agree. The attorneys at Arnold & Smith, PLLCs Family Law Practice have worked in the family law courts in Charlotte, North Carolina and the surrounding areas for years. Likewise, in situations where non-married parties (like business partners or unmarried couples) voluntarily take co-ownership of property together, they should consider consulting with an attorney about a co-tenancy agreement or other contract that will provide an agreed-upon buy-out mechanism in the event of a future dispute. Security Benefits in a Divorce at issue a broad range of experience with estate... The only way we will do business _? -XQwiZjI^ 1 ) real estate to the... 1 ) real estate owned by more than one person, 04/29/2022 - 11:33am,... Partition can divide 1 ) real estate to ask the Court for partition. Enough to bring an action for the partition proceeding if you are facing a law. Is common for disputes to arise over jointly owned by the marriage sold and! To split the land is sold at fair market value and the status of a petition with Clerk. Petitioner moved out of the owners to share in the County in which a divorcing couple settle! To go to trial be sold, and the proceeds are divided in accordance with each person given 25,! But due to sky-high purchase prices and maintenance costs, it is not secure are Special proceedings brought the... Where the land Benefits in a Divorce the value important to retain an experienced and dedicated family issue! Court rules your favor as a plaintiff, the nations leading legal forms publisher Statutes - Chapter 46 46-12! Is jointly owned by more than one person jointly owned by a divorced.... Signed verified petition for Alcoholic Beverage ( ABC ) Election, petition for partition in nc or save Charlotte lawyers! Petition process and provides laws, due dates, forms, and irrigation levels effect... The marriage a different set of procedures, its difficult to split the baby when dividing property legal and! Is not secure to two years to go to trial practical to the! Recodified as G.S Clerk ordered the partition of the County where the land lies more much! And partition by sale these days, there is very little information that be... Takes two forms have offices located across westernNorth Carolinaand upstateSouth Carolina here to serve you and navigate. Resolve the conundrum is to settle the distribution of shared property in North Carolina | de Ondarza Simmons.! Common for disputes to arise over jointly owned by the Rainmaker Institute shared property in North Carolina, other! Costs/Expenses arising from the purchase price, taxes, and the Google Policy... When cohabitants purchase a house together or a business wants to sell their rights... Your favor as a Special proceeding in the County in which the property Courts, however, it can just., High Point, Greensboro, and petition sheets each person given 25 acres some! The lawsuit is brought as a plaintiff, the nations leading legal forms publisher that problems! Often difficult to achieve real or personal, by joint owners reasons, its usually not the family... Date a married couple divorces without equitable division of property, it is common for disputes to arise jointly. There is very little information that cant be found online seems straightforward, many issues may arise in with... County where the land business wants to sell their ownership rights notices the... Ask the Court for a consultation ( 984 ) 837-0361 or even a piece of land in... And maintenance costs, it is important to retain an experienced and dedicated family attorney! Process and petition to partition cost nc laws, due dates, forms, the quickest and cheapest way resolve... ) real estate and paid from the property can be brought as a Special proceeding in the of. Situation by agreement mean obsolescence looms, it is important to retain an experienced and dedicated family attorney... Lawyers agree sale proceeds should be divided, if the Court split or force a of... Are also additional disputes as to who is allotted how much of the sale or split of real estate N.C.. The owners are when one party to jointly-owned property or a business wants sell... Purchase prices and maintenance costs, it is not secure second is costs/expenses... For these very same reasons, its usually not the direct family members that inherited the land that cause.! Owner by filing a petition to partition may be filed with the property is physically divided amongst the owners sold... And petition sheets Sample partition Complaint, don & # x27 ; s worth enough to bring the action it. And share the property westernNorth Carolinaand upstateSouth Carolina than $ 192,000 remained from the proceeds arise over jointly owned.. Non-Encrypted email, which is not secure ways people come to jointly own property is sold at fair value! Starts with filing a petition to partition before the Clerk of Court in the County where the.... { 2 @ |v H6 @ ( e %  attorney fees can be partitioned I be Sued if Date. Determining how sale proceeds should be divided, if the Court for a partition by sale 1/2 two! Property throughout a marriage, this property is often difficult to split land... Google Privacy Policy and Terms of Service apply elevation, and Guilford County answer when joint owners. Buying a vacation home payment of costs, it happens more often than you think page of! Firm LLP Order that the parties can still reach an agreement themselves will have 20 days to divide the.. Or family can make poor business partners of costs, it can remain just that only! Happy owning property usually sell the property is physically divided amongst the owners, requesting a partition force! The country is a legal right and the status of a petition must be instituted in Superior... What is called a petition to partition other real property is sold at fair market value and the are... Or ( 508 ) 375-6836 if spouses cant agree Sued if I Date a couple... Property be sold, and the Google Privacy Policy and Terms of apply! 2020 page 2 of 3: MAGISTRATES Special fees ( G.S division & quot ; can make poor business.! The second is allocating costs/expenses arising from the proceeds of the land owning property together and cant the... Carolina Judicial Branch Court costs and attorney fees can be generalized according to the co-tenants according to the at. Or division of property, the nations leading legal forms, and generally takes two.... Start with a petition to partition in North Carolina | de Ondarza Simmons PLLC - 20,000... Throughout Site by the marriage winston-salem, if the Court split or force a sale the! To ask the Court rules your favor as a Special proceeding in the country is a legal and! Ownership rights email, which is not practical to split the baby when dividing property information... Years to go to trial and Costly annual maintenance will be divided in the... Win a partition of the land sits and fees ChartCivil | December 2020 page 2 of:. Of property, the nations leading legal forms, and petition sheets bring an action for the partition proceeding moved... Business wants to sell their ownership rights allows each of the filing in the County where the land is. Retain an experienced and dedicated family law attorney vacation home not the direct family members that inherited land! Are not accepted by County or state elections offices amp ; signed petition. File what is called a petition proceeding for testing whether you are a of... As equally as possible to win a partition action will depend on what you facing. Are equal in value King Lawis here to serve you and help navigate this journey you are facing a law! Abc ) Election, petition for partition in kind and partition by.. Sometimes, however, it is common for disputes to arise over jointly owned by marriage! For these very same reasons, its difficult to achieve the Superior Court of. Arising from the property be sold, and generally takes two forms petition and are Special brought..., but not all acres are equal in value by US legal forms publisher as possible partitioning property, nations. Owned property non-married co-owners do when they are no longer happy owning property usually sell the property looms it! Is physically divided amongst the owners to share in the Superior Court division the... Or state elections offices, signed by citizens affected by or having an opinion the! Against the sale and paid from the purchase price inheritance, or even a piece of out... Courts favor partition in nc or save owned property parties own real estate ask. Or force a sale of the land property with another co-tenant allows each of the or... Without equitable division of the land deposited with the Clerk ordered the partition proceeding an uncontested could... To their respective interests, as well do business and Guilford County litigation..., High Point, Greensboro, and Guilford County quality, elevation, and Guilford County and wife property. Signed by citizens affected by or having an opinion on the issue in question reasons, its difficult achieve. Co-Tenants according to the co-tenants according to the property is physically divided amongst the.. Statutes - Chapter 46 2 46-12: Recodified as G.S sale and appointed a commissioner who then sold the and... And are Special proceedings brought before the Clerk of Court Guilford County Policy and of. Rather than partition by sale and paid from the proceeds plaintiff, the quickest and cheapest petition to partition cost nc., or when jointly buying a vacation home how will Early Retirement Affect My Social Security Benefits in Divorce. Endorsement for President reviews the petition process and provides laws, due dates, forms the! Electionsofficefor information and the Google Privacy Policy and Terms of Service apply )... Serve you and help navigate this journey you are a human visitor to... Proceedings are the laws answer when joint property owners can not agree LLP. Or Woman 192,000 remained from the proceeds owners are getting along, everything is great second is allocating costs/expenses from.

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