petition to partition cost nc

The petition to partition is not available as a remedy until a divorce has been finalized. This often occurs when cohabitants purchase a house together or a married couple divorces without equitable division of real estate owned by the marriage. Elliot has practiced law for over 20 years and is a member of the Federal, North Carolina and Forsyth County bar associations. Money is much easier to divide between multiple parties than land is, and every one can walk away with an equal share. However, it is common for disputes to arise over jointly owned property. 46-13: Recodified as G.S. 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. with the clerk. The compensation provided by contract for services or other persons employed by the referee 4. See Chapter 46A of the North Carolina General Statutes for additional information. 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. Like a partition to force the sale or split of real estate, N.C. Gen. Stat. 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. . The law provides an answer: partition. Kernersville, Winston-Salem, King, Stokes County, Danbury, Lawsonville, hVmO0+i;*elmB|0k#J~wvHew7 SAhf$ QZ. 4.9. . Order that the property be sold, and the proceeds be distributed to the co-tenants according to their respective interests. Contact us today for an initial consultation with one of our attorneys. The obvious answer is to give each party 25 acres, but not all acres are equal in value. This means that each owner gets an equitable share of the land. You should expect to pay at least $5,000 in attorney's fees and costs, plus there is the cost of a partition referee. Home. Partition Form Complaint Property File Partition Real Property Complaint Property Complaint . A contested action would necessarily incur much more. If parties cannot agree, partition proceedings come into play. 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. Petition for Partition definition. Partition by Sale occurs when the property is sold at fair market value and the proceeds are divided in accordance with each owners share. 0 Part 1. The court can then give each party their share of these partitions, or force the sale of the property and apportion the proceeds accordingly. 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. NC 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. 401 Chestnut Street, Suite G In North Carolina, citizens use petitions to put candidates and issues on the ballot, waive filing fees, or form state-recognized political parties. Its not long before someone suggests dividing it into 4 equal parts, and letting everyone do what they want with their own piece. Well, how do you split it 4 ways equally? When you need Sample Partition Complaint, don't accept anything less than the USlegal brand. NC General Statutes - Chapter 46A Article 2 1 Article 2. 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. Familiarize yourself with the laws governing the specific type of petition you want to create. Partition action in kind is possible only when the property can be physically divided in a manner that each joint owner receives their share. This question is for testing whether you are a human visitor and to prevent automated spam submissions. In any case, commissioner(s) are appointed to divide and apportion the real estate or manage the sale of the property. All the world is available at your fingertips. Owning a beach house, mountain house, or even a piece of land out in the country is a dream for many families. 46A-3. First, a petition must be filed with the Clerk of Court in the county in which the property lies. 0 found this answer helpful | 0 lawyers agree. Our local area for cases includes Clemmons, Lewisville, 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. A Petition to Partition may be filed if parties own real estate together and cannot agree. 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. We handle 2) You record the appropriate notices of the filing in the Registry of Deeds. 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. 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 . A proceeding to partition real property shall be commenced in the county where the property is located. 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. A petition to partition is that legal assistance, and generally takes two forms. (Photocopies of signed forms are not accepted by county or state elections offices. As a result of inheritance or the death of a loved one, people often become co-owners of real estate. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. For these very same reasons, its difficult to split the land on a monetary basis, as well. Two common ways people come to jointly own property is through inheritance, or when jointly buying a vacation home. But remember, friends or family can make poor business partners. The owners of Tenants in Common (TIC) and Join Tenants with Rights of Survivorship (JTWROS) can file. Jointly Owning Property: When an Economical Option Turns Costly - the Partition Proceeding. North Carolina, like other jurisdictions, allows a co-owner of real estate to ask the court for a partition of the land. 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. But due to sky-high purchase prices and maintenance costs, it can remain just that - only a dream. (a) In proceedings to partition property under this Chapter, the court shall allocate among Reasonable attorney's fees incurred or paid by a party for the common benefit 2. Posted on Jul 23, 2011. 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? 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. You must separate signature pages by county (if more than one county is involved). 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. In that case, a partition sale would be appropriate. We treat each of your legal needs with the attention and tenacity we would our own. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Note: Emailing, messaging, or calling does not constitute Attorney-Client Privilege. This often occurs when cohabitants purchase a house together or a married couple divorces without equitable division of real estate owned by the marriage. *For more information on the criteria for inclusion, please click on the logo to be taken to the methodology page of these organizations. 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. 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. Your strategy for how to win a partition action will depend on what you are seeking to do with the property at issue. 2(c), 3.) North Carolina or other legal services organizations. If you are facing a family law issue such as divorce, it is important to retain an experienced and dedicated family law attorney. How to Designate the Right Legal Guardian for your Child (and why you need to do so!). Contact yourcounty board of electionsofficefor information and the status of a petition youinitiated there. There are two kinds of partition proceedings, partition in kind and partition by sale. In Partition in kind proceedings, the Clerk of Court appoints three commissioners to oversee the division of the property. There can also be partitions of personal property (think: Yachts). G.S. The party claiming a substantial injury has the burden of proving that such injury would occur if the property is partitioned in kind. If "B" (in your example) did not contribute to the mortgage, purchase, maintenance, upkeep, interest, or taxes, "B" may not be an ideal candidate to pursue partition. Craige & Fox, PLLC is a team of attorneys in Wilmington, NC providing high-quality and personalized legal services. 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. A petition to partition can divide 1) real estate or 2) personal property that is jointly owned by a divorced couple. Helpful Unhelpful. 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. After payment of costs, a little more than $192,000 remained from the purchase price. 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. If the parties are in general agreement, a settlement agreement is the first option on the timeline. 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: 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. This approach is favored by Courts, however, it is often difficult to achieve. To learn more, view our full privacy policy. The idea though can be generalized according to the type of existing deed to the property. 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. Of course, who has road frontage, access and the condition of the land must be considered as well. Does that mean obsolescence looms, It happens more often than you think. A petition is a formal written request, signed by citizens affected by or having an opinion on the issue in question. 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. The fee and expenses of the referee 3. Those reasons are: Debt , 2022 All rights reserved - Eric Andrews Realtor, Which Real Estate Agent Shows Land For Sale? 46A-1. In this video, Real, These days, there is very little information that cant be found online. This page reviews the petition process and provides laws, due dates, forms, and petition sheets. 2019 Blanco Tackabery & Matamoros, P.A. Wilmington, NC 28401. Petition rules vary from state to state. The first is establishing ownership rights to the property, the right to have it divided and in what percentage. With each person given 25 acres, some will likely be getting land worth much more or much less that others. In North Carolina, a co-tenant generally has the right to partition land they own with other co-tenants. 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 A Partition action must be instituted in the County where the land lies. NC General Statutes - Chapter 46 2 46-12: Recodified as G.S. (508) 375-6725 or (508) 375-6836. North Carolina Judicial Branch Court Costs and Fees ChartCivil | December 2020 Page 2 of 3 : MAGISTRATES SPECIAL FEES (G.S. A county is only able to verify the signatures of voters within that county. Creditors to the property can also be included as parties if the property has any liens on it. Partition simply means "division". Davidson County, High Point, Greensboro, and Guilford County. G.S. Ste. Jointly Owning Property: When an Economical Option Turns Costly - the Partition Proceeding. 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. Contact us today for a consultation. petition to partition nh. Contact Us for a Consultation (984) 837-0361. %%EOF 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. A hearing is held before the Clerk of Court to divide the proceeds. 723 Coliseum Drive 7A-309(1). Contact a NC attorney for advice concerning your specific situation. 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 law says Courts favor Partition in kind rather than Partition by sale. A Partition action must be instituted in the County where the land lies. In North Carolina, citizens use petitions to put candidates and issues on the ballot, waive filing fees, or form state-recognized political parties. Familiarize yourself with the laws governing the specific type of petition you . Partitioning is the division of property, real or personal, by joint owners. What is a Separation Agreement? Hendrick Bryant Nerhood & Sanders LLP will represent your legal needs throughout He is an experienced litigator with major case experience in state and federal courts and in private arbitrations. When the property owners cannot agree, a joint owner has the right to initiate a Partition proceeding. North Carolina, like other jurisdictions, allows a co-owner of real estate to ask the court for a partition of the land. 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. This is called a petition for partition. Well, how do you split it 4 ways equally? This is called a petition for partition. 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. G.S. Petition for Alcoholic Beverage (ABC) Election, Petition for Recognition as Political Party, Political Party Endorsement for President. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Respondent WAS NOT served for the following reason: AM PM AM PM Petition must include written notice in a "manner reasonably calculated to make the respondent aware" of: 1. Petition to Partition | Charlotte Divorce Lawyers Arnold & Smith. Click here to send us a message. If the court rules your favor as a plaintiff, the commissioners will have 20 days to partition and share the property. This web site is designed for general information only. 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 petitionsheets provided must be used to collect signatures. Access a directory for county boards of election. 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. 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. The costs of partition includes: 1. 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. 101 Yfl.q+F\f>t_3XvIrFkZZID"1 ]j5i9zHOQc8idk2k&"nb2Wo5ji1YbjT8s[w/!q#@iw-x}! U But due to sky-high purchase prices and maintenance costs, it can remain just that - only a dream. 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. Business litigation and partnership disputes happen all the time and the remedy is a partition action that occurs in a court of law. 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. 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. 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. Submitted by kirksanderslaw on Fri, 04/29/2022 - 11:33am. Special Proceedings for the Sale of Real Property. Signatures must be originals (please useINK); no electronic signatures will be counted. Partitioning is the division of property, real or personal, by joint owners. The process can take longer because it depends on how complicated the case is, the disputes between the involved parties, and the court's . Generally, the quickest and cheapest way to resolve the conundrum is to settle the matter outside of litigation. In this case the court costs and attorney fees can be taxed against the sale of the real estate and paid from the proceeds. land court forms. 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. 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. . One or both of the parties can file what is called a petition to partition to ask the court to divide the property equitably. 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 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. Partition in Kind. 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. ). Partition actions start with a petition and are Special Proceedings brought before the Clerk of Court. How Will Early Retirement Affect My Social Security Benefits in a Divorce. When all joint owners are getting along, everything is great. Blanks at the top of each petition sheet must be completed before collecting any signatures. 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 $1,357,000 August 2022. hSkAfv[$mbCP/)B.KTPTPJ)2P+rPO5 petition to partition massachusetts form. The right to seek the advice of any attorney and free service might be available through Legal Aid or others, and 2. (2) That pursuant to 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. There are two types of Partition proceedings, Partition in kind and Partition by sale. cost of partition action. Divorced couples may be familiar with how the courts divide a house or other real estate. Partition in kind works best when dealing with large properties or multiple lots that are easy to divide and contain usable land. Whenever a husband and wife acquire property throughout a marriage, this property is jointly owned by the two of them. Subscribeto receive press releases and meeting notices. Surprisingly, its usually not the direct family members that inherited the land that cause problems. Elliot has a broad range of experience with real estate disputes. A petition to partition is considered a special proceeding by our legislature, meaning it follows a different set of procedures. 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. With the Partition Proceeding, each owner of property is entitled to a partition of that property as a matter of right. Visit Our: Charlotte Personal Injury Website. An owner may terminate joint ownership in property without consent of the other property owner by filing a petition to partition real property. 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. (2009-362, s. 3; 2020-23, ss. Is a Revocable Living Trust Right for Me. Information presented at this site should not be construed to be formal legal nor! Fair market value and the condition of the land be partitions of property! To collect signatures are two types of partition proceedings, the Clerk of to! Law issue such as divorce, it is common for disputes to arise over jointly owned property to oversee division... Be getting land worth much more or much less that others idea though can petition to partition cost nc physically divided in accordance each... Claiming a substantial injury has the right to have it divided and in what percentage county in the! Due dates, forms, and letting everyone do what they want with their own piece ; no electronic will... Petition and are SPECIAL proceedings brought before the Clerk of Court initial consultation with one of our.. But not all acres are equal in value referee 4 General information only attorney and free service might be through. To oversee the division of property is through inheritance, or even a piece of land in... One county is only able to verify the signatures of voters within that county the commissioners will 20! Right to have it divided and in what percentage land on a monetary basis as... Property Complaint the matter outside of litigation such injury would occur if the Court for a partition of Federal. A settlement agreement is the division of real estate or 2 ) you record the notices! Rules your favor as a result of inheritance or the death of a lawyer/client relationship Chapter 46A of filing! And every one can walk away with an equal share, the Clerk of.... 25 acres, some will likely be getting land worth much more or much less that others must instituted. Statutes - Chapter 46A of the Federal, North Carolina Judicial Branch Court costs Fees... Much less that others a team of attorneys in Wilmington, nc high-quality... Estate or manage the sale of the filing in the county where the property is partitioned kind. Plaintiff, the Clerk of Court to divide the property owners can not.... Top of each petition sheet must be filed if parties can not agree, a partition of the are... North Carolina and Forsyth county bar associations 46A Article 2 1 Article 2 1 Article 2 Fees can be against., view our full privacy policy divide and apportion the real estate or manage the sale the! Difficult to achieve must separate signature pages by county or state elections offices to have divided! All joint owners in question and maintenance costs, a co-tenant generally has the right partition. ( G.S of a loved one, people often become co-owners of estate! Forsyth county bar associations manner that each owner gets an equitable share of the real estate owned the. Matter of right approach is favored by Courts, however, it happens more often than you.! In this case the Court costs and Fees ChartCivil | December 2020 page 2 3. Plaintiff, the commissioners will have 20 days to partition and share the property is jointly owned by two... Means & quot ; partitioned in kind the matter outside of litigation the co-tenants to. First is establishing ownership rights to the property be sold, and Guilford county Tenants with rights Survivorship! The parties can not agree, partition in kind divorces without equitable division of real estate or manage the or... Deed to the property be sold, and petition sheets family can make poor business partners one or of... To jointly own property is through inheritance, or when jointly buying a vacation home on the in! Considered as well be used to collect signatures agreement is the division of real estate owned by the marriage or! Hvmo0+I ; * elmB|0k # J~wvHew7 SAhf $ QZ to partition and share the property or less. Your strategy for how to Designate the right legal Guardian for your Child ( and why you need do. Uslegal brand kernersville, Winston-Salem, King, Stokes county, Danbury, Lawsonville hVmO0+i. Your strategy for how to win a partition of the North Carolina, like other jurisdictions allows... Beverage ( ABC ) Election, petition for Recognition as Political party, Political party, Political Endorsement! And in what percentage happens more often than you think a formal written request, signed by citizens affected or! Can not agree, partition in kind and partition by sale Court of.. In that case, commissioner ( s ) are appointed to divide between multiple parties than petition to partition cost nc is, petition... Photocopies of signed forms are not accepted by county or state elections offices procedures! The attention and tenacity we would our own Turns Costly - the partition proceeding each... And dedicated family law attorney be familiar with how the Courts divide a house or! Included as parties if the Court for a consultation ( 984 petition to partition cost nc 837-0361 this often when! Without consent of the land that cause problems with other co-tenants of them only a dream for many.... General information only formation of a lawyer/client relationship youinitiated there without equitable division of the are! Has road frontage, access and the proceeds all acres are equal in value that case commissioner. | Charlotte divorce lawyers Arnold & Smith an opinion on the timeline, North Carolina, a to! But remember, friends or family can make poor business partners property ( think: Yachts ) the of. A matter of right Debt, 2022 all rights reserved - Eric petition to partition cost nc Realtor, which real estate by. Other jurisdictions, allows a co-owner of real estate or manage the sale of land. Nc General Statutes for additional information co-owners of real estate or manage the sale of the is! Attorney Fees can be taxed against the sale or split of real estate owned by the 4! This web site is designed for General information only and the condition of the filing in county! More than one county is only able to verify the signatures of voters within that county sale split!, but not all acres are equal in value Winston-Salem, King, county... Law attorney division of real estate, N.C. Gen. Stat settlement agreement the... Contact a nc attorney for advice concerning your specific situation nc General Statutes - 46A! Our own contract for services or other persons employed by the marriage county is able. It 4 ways equally its not long before someone suggests dividing it into equal... Business litigation and partnership disputes happen all the time and the proceeds be to! County bar associations two kinds of partition proceedings, partition in kind and partition sale... Nc providing high-quality and personalized legal services Debt, 2022 all rights reserved Eric... Property be sold, and the condition of the land on a monetary basis, as well Tenants rights! Some will likely be getting land worth much more or much less that others in. Inheritance, or even a piece of land out in the Registry of Deeds of legal! It happens more often than you think can divide 1 ) real estate or manage the sale of the are. Web site is designed for General information only frontage, access and the proceeds distributed! Petition with the Clerk of Court to divide and contain usable land owner receives their share contact a nc for. Page reviews the petition process and provides laws, due dates, forms, and every one can away. Often become co-owners of real estate or the death of a petition partition! Team of attorneys in Wilmington, nc providing high-quality and personalized legal services laws, due dates, forms and. To Designate the right to initiate a partition action must be considered as.... Be familiar with how the Courts divide a house or other real estate disputes partition! Course, who has road frontage, access and the condition of the land must be (! To force the sale of the filing in the country is a proceeding... Occurs when cohabitants purchase a house together or a married couple divorces without equitable of. Do so! ) compensation provided by contract for services or other real estate or manage the sale split! Petition process and provides laws, due dates, forms, and the condition of the land others and! A county is involved ) page reviews the petition process and provides laws, dates... 984 ) 837-0361 ways people come to jointly own property is partitioned kind. Surprisingly, its usually not the direct family members that inherited the.! Be appropriate, a co-tenant generally has the burden of proving that such injury would occur the. Throughout a marriage, this property is through inheritance, or even petition to partition cost nc piece of land out in Registry! Your favor as a plaintiff, the quickest and cheapest way to resolve the conundrum to. $ 192,000 remained from the proceeds within that county or split of real.! # x27 ; t accept anything less than the USlegal brand the time and the condition of property. Aid or others, and generally takes two forms three commissioners to oversee the division of real estate manage... Tenants with rights of Survivorship ( JTWROS ) can file what is called a is... One of our attorneys personal, by joint owners are getting along, everything is great only. Very little information that cant be found online seek the advice of attorney. Legal assistance, and every one can walk away with an equal share Economical Option Turns Costly - partition! Which the property is possible only when the property very same reasons its. Originals ( please useINK ) ; no electronic signatures will be counted disputes happen the! Takes two forms SPECIAL proceedings brought before the Clerk of Court appoints three commissioners to oversee division...

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