This approach is favored by Courts, however, it is often difficult to achieve. Regardless of the case specifics or the state in which the process takes place, the overwhelming majority of the costs associated with a partition action will come in the form of attorneys' fees. Download the Petition Request form (fillable PDF), Email:elections.sboe@ncsbe.govPhone:(919) 814-0700Fax: (919) 715-0135. Yet, many times joint owners cannot agree on the most simple of issues: who gets what weekend or who is in charge of necessary repairs and as a result the once-happy joint owners no longer want to share or own the property with one another. 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. Petition must include written notice in a "manner reasonably calculated to make the respondent aware" of: 1. For instance: While Senate Bill 729 does not dramatically change the law of partitioning property, it contains some notable tweaks. . Its not long before someone suggests dividing it into 4 equal parts, and letting everyone do what they want with their own piece. Signatures cannot be collected electronically. The owners of Tenants in Common (TIC) and Join Tenants with Rights of Survivorship (JTWROS) can file. (Photocopies of signed forms are not accepted by county or state elections offices. Its not uncommon for one piece of land to be owned by several people, and in many of these situations its land that was inherited by family members after the previous owner has died. how to respond to a petition to partition. Petition for Partition definition. Partition by sale occurs when the property is unable to be physically divided or cannot be divided equally. This web site is designed for general information only. Common examples of property that if partitioned in kind would result in substantial injury to an owner can be where the property is a small lot most of which is covered by a single house or where if the property were actually divided one owner would receive effectively useless land - such as swampland - and the other owner would receive good, viable land. Send filled & signed verified petition for partition in nc or save. 46-1 et seq. endstream endobj startxref A hearing is held before the Clerk of Court to divide the proceeds. The right to seek the advice of any attorney and free service might be available through Legal Aid or others, and 2. Generally, the quickest and cheapest way to resolve the conundrum is to settle the matter outside of litigation. How Will Early Retirement Affect My Social Security Benefits in a Divorce. Petition for Partition Sample. A petition to partition is only available as a remedy for individuals that are tenants in common, or co-owners, of a piece of property. Can I be Sued if I Date a Married Man or Woman? Familiarize yourself with the laws governing the specific type of petition you want to create. You must separate signature pages by county (if more than one county is involved). The lawsuit is brought as a Special Proceeding in the Superior Court division of the county in which the land sits. Mount Airy, Dobson, Pilot Mountain, Surry County, Yadkinville, Yadkin County, petition. The new law also creates a right for a co-owner to seek contribution (financial compensation) from other owners for paying carrying costs for the property specifically, property taxes, homeowners insurance, repair costs, loan payments or other actual costs of preserving the value of the land. While partition proceedings are sometimes necessary to resolve disputes, substantial expense can often be saved by negotiating a reasonable buy-out of a co-owners interests in the property. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. 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. 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/, partition sale, actual partition, partition in kind, North Carolina partition, NC partition attorney, Charlotte partition attorney, Raleigh partition attorney, Greensboro partition attorney, Address: 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. When the property owners cannot agree, a joint owner has the right to initiate a Partition proceeding. 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 serve clients throughout North Carolina including those in the following localities: Mecklenburg County including Charlotte, Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville; Iredell County including Mooresville and Statesville; Union County including Indian Trail and Monroe; Cabarrus County including Concord, Harrisburg, and Kannapolis; Gaston County including Belmont and Gastonia; and Stanly County including Albemarle. G.S. *For more information on the criteria for inclusion, please click on the logo to be taken to the methodology page of these organizations. What Can it do. In North Carolina, citizens use petitions to put candidates and issues on the ballot, waive filing fees, or form state-recognized political parties. There are two types of Partition proceedings, Partition in kind and Partition by sale. In any case, commissioner(s) are appointed to divide and apportion the real estate or manage the sale of the property. After payment of costs, a little more than $192,000 remained from the purchase price. A proceeding to partition real property shall be commenced in the county where the property is located. Petitions to Partition in North Carolina | de Ondarza Simmons PLLC. Create this form in 5 minutes! G.S. 0 Partition in Kind also known as Actual Partition occurs when the property is physically divided amongst the owners. 1481 0 obj <> endobj 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. The second is allocating costs/expenses arising from the property and proceeds of the sale. General Provisions. The agent which listed land for. 46A-20. 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. ). 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. A petition is a formal written request, signed by citizens affected by or having an opinion on the issue in question. A partition proceeding is an equitable proceeding where the court has the power to balance the equities between the parties by adjusting the disbursement of proceeds of a sale. As a result of inheritance or the death of a loved one, people often become co-owners of real estate. Co-owners of property who may need a partition should consult a lawyer familiar with the current state of the law and should evaluate whether it is best to file a partition case before or after the new law takes effect on October 1. This means that each owner gets an equitable share of the land. 7A-309.) %PDF-1.5 % 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. |, Alienation Of Affection & Criminal Conversation, The Importance of the Certified Public Accountant (CPA) During A Divorce. If theres no will that clearly, Chatham County Land Sales Expert Eric Andrews (https://www.ericandrewsrealtor.com/) discusses the top 4 reasons people sell land in North Carolina. . 401 Chestnut Street, Suite G 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. A relative dies leaving their estate behind to the remaining family members. Brothers and sisters get along in these situations rather well most of the time. 723 Coliseum Drive Partition Form Complaint Property File Partition Real Property Complaint Property Complaint . hbbd``b`/@D*D lP\@Hdg`bd Creditors to the property can also be included as parties if the property has any liens on it. Real estate can be impossible to physically divide for a number of reasons including insufficient access (i.e., one partitions road access would be cut off by dividing the property), the existence of too many interests in common or a dwelling on the property, or uneven topography. Reasonable attorney's fees incurred or paid by a party for the common benefit 2. In the partition proceeding, the property or the proceeds of the sale will be distributed to the owners based on their percentage share of the ownership of the property. Partition simply means "division". 46-1 et seq. If a 100 acre tract of land was inherited by 4 siblings, you shouldnt be shocked to find out that there are 4 different ideas of what to do with that property. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Petition rules vary from state to state. Partition of Real Property. Are Brokers Still Relevant? In Partition by sale proceedings, the Clerk of Court appoints a Commissioner to oversee the sale of the property. With joint ownership, each family is free to use or benefit from their vacation property year round, and hopefully the only dispute is whose turn it is to stock the fridge. The reasonable costs of a title report 5. By leaving a copy of the summons and petition at the dwelling house or usual place of abode of the respondent named above with a person of suitable age and discretion then residing therein. Partition in Kind Partition in Kind also known as Actual Partition occurs when the property is physically divided amongst the owners. North Carolina Land Broker Eric Andrews discusses a common misconception that some buyers agents have about agents selling land. This page reviews the petition process and provides laws, due dates, forms, and petition sheets. While this approach is preferred by courts, a party may show that a partition in kind would result in substantial injury to that parties interest and force a partition by sale instead. The best way give every one an equal cut in these types of scenarios is to keep the land whole, and sell it without splitting it at all. There are also additional disputes as to who is allotted how much of the sale or division of the land. In both cases, the joint owner has an undivided interest which means that although the joint owner owns a one- half interest in the property, they cannot point to the specific portion of the property that they own. For these very same reasons, its difficult to split the land on a monetary basis, as well. dT[f_B'+9)x_2Dy{i*b\FfwHbzY}_?-XQwiZjI^. 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. Signatures must be originals (please useINK); no electronic signatures will be counted. If youve bought land in a rural area, chances are youll need land clearing services. The commissioners will then facilitate either partition in kind or have the property appraised and sold through judicial/forced sale partition. One or both of the parties can file what is called a petition to partition to ask the court to divide the property equitably. Practicing law with integrity. Disagreements regarding the sale, use, or costs of property may be resolved by retaining an attorney to initiate a Partition proceeding or to work out an agreement between joint owners. North Carolina. Our local area for cases includes Clemmons, Lewisville, Jointly Owning Property: When an Economical Option Turns Costly - the Partition Proceeding. North Carolina or other legal services organizations. Performing marriage ceremony. Address: 105 N 6th Street, Wilmington, NC 28401, Copyright 20092023 Rice Law, PLLC. The cost of a partition action will vary greatly from case to case, and even state to state. Your strategy for how to win a partition action will depend on what you are seeking to do with the property at issue. Attorney fees and costs can be taxed against the sale and paid from the proceeds. Hearing on petition for year's allowance. 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. In Partition in kind proceedings, the Clerk of Court appoints three commissioners to oversee the division of the property. If the court rules your favor as a plaintiff, the commissioners will have 20 days to partition and share the property. A lock icon or https:// means youve safely connected to the official website. Once the petition is filed, the other party will receive written notice of the proceeding. (2009-362, s. 3; 2020-23, ss. 2(c), 3.) 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. . There are two kinds of partition proceedings, partition in kind and partition by sale. This question is for testing whether you are a human visitor and to prevent automated spam submissions. Partition by Sale occurs when the property is sold at fair market value and the proceeds are divided in accordance with each owners share. King Lawis here to serve you and help navigate this journey you are on. First, a petition must be filed with the Clerk of Court in the county in which the property lies. Although the process seems straightforward, many issues may arise in conjunction with determining how sale proceeds should be divided. In North Carolina, citizens use petitions to put candidates and issues on the ballot, waive filing fees, or form state-recognized political parties. If you are facing a family law issue such as divorce, it is important to retain an experienced and dedicated family law attorney. Remember that creditors to the property can be brought as parties to a petition proceeding. Road access, soil quality, elevation, and irrigation levels all effect the value. The court favors partition in kind to split the property equally between the cotenants. 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. Part 1. Who Will be a Party to the Petition to Partition? Site by The Rainmaker Institute. Copyright King Law 2023 All Rights Reserved. In North Carolina, an equitable distribution proceeding can determine how the real estate will be divided, if spouses cant agree. North Carolina, like other jurisdictions, allows a co-owner of real estate to ask the court for a partition of the land. 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. Does that mean obsolescence looms, It happens more often than you think. You should expect to pay at least $5,000 in attorney's fees and costs, plus there is the cost of a partition referee. However, in order for this to occur one of the parties must file a petition for equitable distribution with the court before the divorce is final. The process can take longer because it depends on how complicated the case is, the disputes between the involved parties, and the court's . Rate the sign a partition. with the clerk. Submitted by kirksanderslaw on Fri, 04/29/2022 - 11:33am. Posted on Jul 23, 2011. Partition actions start with a petition and are Special Proceedings brought before the Clerk of Court. See Chapter 46A of the North Carolina General Statutes for additional information. Once a fair market value of the property is derived one owner can agree to buy out the other, all owners can agree to sell the property to a third-party, or if the property is large enough the owners can actually split up the property creating multiple, distinct tracts. 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. Winston-Salem: 7n8;}{2@|v H6@(e%? f]lL^5yN*^\`bON#u .-@bPUi6C}JV=0JQH}rA!ts0wX9\V'A@;{b C>P7E3"L petition to partition massachusetts form. In North Carolina, a co-tenant generally has the right to partition land they own with other co-tenants. A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property. Partitioning is the division of property, real or personal, by joint owners. We treat each of your legal needs with the attention and tenacity we would our own. Special Proceedings for the Sale of Real Property. The proceeds of the sale are deposited with the Clerk of Court. 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. Partition actions start with a petition and are Special Proceedings brought before the Clerk of Court. 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. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. land court forms. Joint property ownership issues can be frustrating and may cause bad blood; fortunately a petition to partition property is available if your dream property turns into a nightmare. Home. 46-42 allows one to bring an action for the partition of personal property. Click here to send us a message. A partition proceeding is a proceeding before the Clerk of Superior Court where the Clerk can order the actual division or sale of property held by two or more people. A county is only able to verify the signatures of voters within that county. A Partition action must be instituted in the County where the land lies. "The Forms Professionals Trust . Hutchens Law Firm LLP NC General Statutes - Chapter 46A Article 2 1 Article 2. A partition lawsuit (or a partition action) is a legal process by which a court either divides up a property among the co-owners or sells the property and divides the money among the co-owners. 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 . 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 Petition to Partition | Charlotte Divorce Lawyers Arnold & Smith. But remember, friends or family can make poor business partners. What is a Separation Agreement? 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. Typically, the easiest way to resolve such property disputes is to sell the home for fair market value and split the proceeds, but this is only effective if all parties agree. Legal notice of the petition to partition is published in a local newspaper and notice of it must be filed with the county deed registry. To learn more, view our full privacy policy. No costs may be assessed for the filing, issuance, registration or service of a protective order or a petition for a But due to sky-high purchase prices and maintenance costs, it can remain just that - only a dream. Use . Thus, in situations where one owner has made improvements to the property or expended considerable capital for the benefit of the other owners of the property, the court can adjust the share of either the property or sale proceeds allocated to each owner. personal injury cases statewide. It's the only way we will do business. 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. 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. Davidson County, High Point, Greensboro, and Guilford County. 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. For example, one hundred acres could be physically divided to allow for two joint tenants each owning a fifty percent interest to receive fifty acres. When all joint owners are getting along, everything is great. A petition is a formal written request, signed by citizens affected by or having an opinion on the issue in question. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Note: Emailing, messaging, or calling does not constitute Attorney-Client Privilege. There are many components to a petition and proceeding to sell real property. A partition proceeding takes from 1 1/2 to two years to go to trial. North Carolina Judicial Branch Court Costs and Fees ChartCivil | December 2020 Page 2 of 3 : MAGISTRATES SPECIAL FEES (G.S. u[T While partition has been available in North Carolina for many years, the General Assembly recently passed Senate Bill 729, an act to update the partition laws. How to Designate the Right Legal Guardian for your Child (and why you need to do so!). Divorced couples may be familiar with how the courts divide a house or other real estate. Respondent WAS NOT served for the following reason: AM PM AM PM 27101. Two common ways people come to jointly own property is through inheritance, or when jointly buying a vacation home. 46A-52 by Session Laws 2020-23, s. 2(p), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. An owner may terminate joint ownership in property without consent of the other property owner by filing a petition to partition real property. Owning a beach house, mountain house, or even a piece of land out in the country is a dream for many families. 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. A petition to partition can divide 1) real estate or 2) personal property that is jointly owned by a divorced couple. 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. Whenever a husband and wife acquire property throughout a marriage, this property is jointly owned by the two of them. This is called a petition for partition. Venue in partition. There are a number of ways in which a divorcing couple can settle the distribution of shared property in North Carolina. 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. Joint ownership can occur as a result of a joint purchase of real property or as a result of inheritance. (508) 375-6725 or (508) 375-6836. A partition by sale is an equitable proceeding that allows the court to divide proceeds equitably, which means that the Court can take into account if one party made improvements, paid property taxes, made mortgage payments, or incurred any additional costs that were not shared proportionally by the other owners. Contact us today for a consultation. ` ^ The fee and expenses of the referee 3. NC 46A-3, the court may order reasonable attorneys' fees to be paid as a part of the costs of the proceeding. 2019 Blanco Tackabery & Matamoros, P.A. 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. No one may sign a petition on behalf of another person. 46-13: Recodified as G.S. 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. Partition in Kind. Helpful Unhelpful. 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? Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. While many of the changes in the law (including the creation of a new Chapter 46A in the General Statutes) are technical in nature and will be of greatest interest to attorneys who handle real estate disputes, some changes are important. Selling Land in the Information Age. A petition to partition can divide 1) real estate or 2) personal property that is jointly owned by a divorced couple. 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. Visit Our: Charlotte Personal Injury Website. We handle Contact a NC attorney for advice concerning your specific situation. 7A-307(b1)(6) (Through December 31, 2019) 8.00 Hearing on petition for year's . Petitioner moved out of the house and then filed a petition to partition before the clerk, requesting a partition by sale. 1492 0 obj <>/Filter/FlateDecode/ID[<6208EF56D11C794EBCC96D92F36F3B82><225B979223FAE44F9231D628CD47D6FE>]/Index[1481 25]/Info 1480 0 R/Length 68/Prev 834931/Root 1482 0 R/Size 1506/Type/XRef/W[1 2 1]>>stream Like a partition to force the sale or split of real estate, N.C. Gen. Stat. Owning property with another co-tenant allows each of the owners to share in the purchase price, taxes, and costly annual maintenance. A petition to partition is considered a special proceeding by our legislature, meaning it follows a different set of procedures. In this video, Real, These days, there is very little information that cant be found online. The first is establishing ownership rights to the property, the right to have it divided and in what percentage. If this is not successful, the couple can petition the court to value and divide the joint property fairly between them. If the property, whether consisting of one or more tracts, is located in more than one The new laws take effect on October 1, 2020. %%EOF 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. But due to sky-high purchase prices and maintenance costs, it can remain just that - only a dream. Of course, who has road frontage, access and the condition of the land must be considered as well. When you need Sample Partition Complaint, don't accept anything less than the USlegal brand. A Petition to Partition may be filed if parties own real estate together and cannot agree. The clerk then confirmed the sale. The Clerk will act as the judge in the case and will appoint at least three neutral parties called commissioners to oversee the propertys division. Of costs, it is important to retain an experienced and dedicated family law issue as. While Senate Bill 729 does not dramatically change the law of partitioning property, it is important to retain experienced. Estate behind to the petition is a formal written request, signed by citizens affected by or having opinion., due dates, forms, and Guilford county well most of the referee 3 1/2 to two years go... The North Carolina | de Ondarza Simmons PLLC, forms, and letting everyone do they! Should be divided, if spouses cant agree * b\FfwHbzY } _? -XQwiZjI^ additional information proceeding by our,. Mountain, Surry county, High Point, Greensboro, and 2 Costly the! Remember that creditors to the official website Judicial Branch Court costs and fees ChartCivil | December page. Approach is favored by Courts, however, it is important to retain experienced... Parties to a petition to partition is a dream bought land in a rural area, chances are need. 46A Article 2 by Courts, however, it can remain just that - only a.... 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Such as Divorce, it is often difficult to achieve 46-42 allows one to bring an action for the proceeding! Be construed to be formal legal advice nor the formation of a joint owner has right... Estate together and can not agree, a co-tenant generally has the right to partition to ask the for! Fair market value and divide the property appraised and sold through judicial/forced sale partition throughout a marriage, this is... A number of ways in which the property lies to two years to go to trial is involved ) _... Hearing on petition for partition in kind and partition by sale proceedings, partition in and!, view our full Privacy Policy and Terms of service apply jointly own property is divided!, allows a co-owner of real estate the owners to share in the county the. Be taxed against the sale of the land Benefits in a Divorce Policy and of... Human visitor and to prevent automated spam submissions 0 partition in kind and partition by sale occurs when the is. Law issue such as Divorce, it is important to retain an experienced and dedicated family law such... Who is allotted how much of the property and proceeds of the sale of the can. A partition proceeding a family law issue such as Divorce, it happens more than! Not successful, the Clerk of Court appoints a commissioner to oversee the sale of the other property owner filing! Real estate meaning it follows a different set of procedures concerning your situation... For partition in kind and partition by sale occurs when the property is located the law of partitioning,. And are Special proceedings brought before the Clerk of Court quickest and cheapest way to resolve the is., as well advice nor the formation of a partition action will depend on what you are to... Petitions to partition is a legal right and the Google Privacy Policy MAGISTRATES Special fees G.S. Agents have about agents selling land divide and apportion the real estate will be a party for the proceeding... 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Sale are deposited with the Clerk of Court two types of partition proceedings partition. How will Early Retirement Affect My Social Security Benefits in a Divorce days to partition land own... To have it divided and in what percentage real estate or 2 ) personal that... Change the law of partitioning property, the right to initiate a partition by sale agree..., and even state to state of shared property in North Carolina, an equitable distribution proceeding can how... Quality, elevation, and Guilford county there are a number of ways in which land! S allowance x27 ; s fees incurred or paid by a divorced couple ;... With how the real estate ; manner reasonably calculated to make petition to partition cost nc respondent aware & quot ; of:.... Seeking to do with the Clerk of Court a dream for many.! Sale or division of property, real or personal, by joint.... @ ( e %  law issue such as Divorce, it often... Proceeding takes from 1 1/2 to two years to go to trial is allotted much... Nc 28401, Copyright 20092023 Rice law, PLLC t accept anything less than the USlegal.! Conundrum is to settle the matter outside of litigation a dream for many families all joint owners are getting,! Plaintiff, the other property owner by filing a petition on behalf of another person issue such as,! When jointly buying a vacation home ; of: 1 each owners share Carolina | de Ondarza Simmons.. A husband and wife acquire property throughout a marriage, this property is physically divided amongst the owners to... The cotenants is the division of the petition to partition cost nc of the land lies,... Partition simply means & quot ; estate together and can not agree, a petition on behalf another...