The cost of a partition action will vary greatly from case to case, and even state to state. Dissatisfied co-owners should also consider hiring an attorney to assist with negotiations before heading to court. A proceeding to partition real property shall be commenced in the county where the property is located. As a result of inheritance or the death of a loved one, people often become co-owners of real estate. In North Carolina, an equitable distribution proceeding can determine how the real estate will be divided, if spouses cant agree. How to Designate the Right Legal Guardian for your Child (and why you need to do so!). The law says Courts favor Partition in kind rather than Partition by sale. The new law also provides some more detailed rules about disputes relating only to the method of partition or the division of the proceeds.. North Carolina. 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. Selling Land in the Information Age. hSkAfv[$mbCP/)B.KTPTPJ)2P+rPO5 723 Coliseum Drive 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. Contact King Law at888-748- (5464)KINGfor a consultation. Reasonable attorney's fees incurred or paid by a party for the common benefit 2. Performing marriage ceremony. A petition to partition can divide 1) real estate or 2) personal property that is jointly owned by a divorced couple. 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. Generally, the quickest and cheapest way to resolve the conundrum is to settle the matter outside of litigation. In this video, Real, These days, there is very little information that cant be found online. Resources for County BoardsNCSBE Public Files (FTP), Voter SearchCounty Boards of Elections InformationBallotTrax (Absentee Ballot Tracking)Voter Registration StatisticsView all tools and forms, An official website of the State of North Carolina, Search Campaign Funding and Spending Reports, Independent Expenditures, Electioneering Communications and Special Contributors, Campaign Finance Audits and Investigations. (2009-362, s. 3; 2020-23, ss. 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. Partition proceedings are the laws answer when joint property owners cannot agree. If the parties are in general agreement, a settlement agreement is the first option on the timeline. Call Kirk Sanders at 336-723-7200 to discuss your NC. What is a Separation Agreement? (336) 293-9000 Petition to partition is a legal action used to divide real estate or other assets jointly owned by family members, business partners, and other groups of people. Home. If the property, whether consisting of one or more tracts, is located in more than one A county is only able to verify the signatures of voters within that county. 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. 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. Are Brokers Still Relevant? You must separate signature pages by county (if more than one county is involved). The petition to partition is not available as a remedy until a divorce has been finalized. with the clerk. 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.) Attorneys' fees. We have offices located across westernNorth Carolinaand upstateSouth Carolina. This is crucial since the county board of elections for the affected county or counties will have to verify the signatures. 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. This often occurs when cohabitants purchase a house together or a married couple divorces without equitable division of real estate owned by the marriage. A Petition to Partition may be filed if parties own real estate together and cannot agree. Contact us today for a consultation. 46A-3. *For more information on the criteria for inclusion, please click on the logo to be taken to the methodology page of these organizations. 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 information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. 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. North Carolina Land Broker Eric Andrews discusses a common misconception that some buyers agents have about agents selling land. Sometimes the relationship between the owners is so irrevocably damaged that a mutually beneficial agreement cannot be found Enter: The Partition Proceeding. Attorney's fees in an uncontested partition could realistically be between $10,000 - $20,000. Partitioning is the division of property, real or personal, by joint 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. What Can it do. The agent which listed land for. 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. If you are facing a family law issue such as divorce, it is important to retain an experienced and dedicated family law attorney. An owner may terminate joint ownership in property without consent of the other property owner by filing a petition to partition real property. Divorced couples may be familiar with how the courts divide a house or other real estate. Creditors to the property can also be included as parties if the property has any liens on it. If this is not successful, the couple can petition the court to value and divide the joint property fairly between them. A lock icon or https:// means youve safely connected to the official website. NC A partition action "splits the baby" when the owners cannot agree. State Government websites value user privacy. You may want to build a house, cultivate a farm, If you and other family members find yourselves the beneficiaries of inherited land, there are a few things you should know. 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. The commissioners will then facilitate either partition in kind or have the property appraised and sold through judicial/forced sale partition. 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. There are two types of Partition proceedings, Partition in kind and Partition by sale. Hearing on petition for year's allowance. For example, a single one-half acre lot with a house constructed in the middle of the lot cannot be divided in a manner that would allow each joint owner to receive their interest. If the court rules your favor as a plaintiff, the commissioners will have 20 days to partition and share the property. Road access, soil quality, elevation, and irrigation levels all effect the value. 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. There are also additional disputes as to who is allotted how much of the sale or division of the land. 7n8;}{2@|v H6@(e%? f]lL^5yN*^\`bON#u .-@bPUi6C}JV=0JQH}rA!ts0wX9\V'A@;{b C>P7E3"L Send filled & signed verified petition for partition in nc or save. Joint ownership can occur as a result of a joint purchase of real property or as a result of inheritance. For a petition to partition real estate, the commissioners have 90 days after they are appointed to execute the partition and file a full report of their actions with the court. . The Petition to Partition can be filed at the Probate and Family Court in the county where the property is located, or at the Massachusetts Land Court. dT[f_B'+9)x_2Dy{i*b\FfwHbzY}_?-XQwiZjI^. 1481 0 obj <> endobj Upon filing a petition for partition, the Court may: Order the property be physically divided according to each parties' interest (known as an actual partition or partition in kind); or Access a directory for county boards of election. 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. Mocksville, Advance, Bermuda Run, Davie County, Lexington, Thomasville, Familiarize yourself with the laws governing the specific type of petition you . In North Carolina, citizens use petitions to put candidates and issues on the ballot, waive filing fees, or form state-recognized political parties. The cost for a partition action is going to depend upon whether or not she opposes the partition action by filing an answer to complaint, or whether you can proceed by way of default. Help is on the way. This web site is designed for general information only. 46-1 et seq. endstream endobj startxref But what can non-married co-owners do when they are no longer happy owning property together and cant resolve the situation by agreement? 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. The clerk then confirmed the sale. 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. Does that mean obsolescence looms, It happens more often than you think. |, Alienation Of Affection & Criminal Conversation, The Importance of the Certified Public Accountant (CPA) During A Divorce. For these very same reasons, its difficult to split the land on a monetary basis, as well. Who Will be a Party to the Petition to Partition? When facing a legal issue, you need an experienced lawyer you can trust and a legal team focused on providing quality services. G.S. There are two kinds of partition proceedings, partition in kind and partition by sale. Sometimes, however, it is not practical to split the baby when dividing property. (a) Subject to G.S. 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: The second is allocating costs/expenses arising from the property and proceeds of the sale. A house, for example, cannot usually be split into two. who pays for partition action. Address: 105 N 6th Street, Wilmington, NC 28401, Copyright 20092023 Rice Law, PLLC. 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. Partition by sale occurs when the property is unable to be physically divided or cannot be divided equally. Of course, who has road frontage, access and the condition of the land must be considered as well. 1505 0 obj <>stream The process can take longer because it depends on how complicated the case is, the disputes between the involved parties, and the court's . Partition Form Complaint Property File Partition Real Property Complaint Property Complaint . Partition by Sale occurs when the property is sold at fair market value and the proceeds are divided in accordance with each owners share. All the world is available at your fingertips. The lawsuit is brought as a Special Proceeding in the Superior Court division of the county in which the land sits. 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. 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 . This means that each owner gets an equitable share of the land. Elliot has practiced law for over 20 years and is a member of the Federal, North Carolina and Forsyth County bar associations. If it's worth enough to bring the action, it can be partitioned. Petition for Partition Sample. Hutchens Law Firm LLP 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. Rate the sign a partition. The obvious answer is to give each party 25 acres, but not all acres are equal in value. 46A-1. Free Preview Partition Action Forms. Signatures cannot be collected electronically. 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. 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. No one may sign a petition on behalf of another person. 2019 Blanco Tackabery & Matamoros, P.A. 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. NC General Statutes - Chapter 46 2 46-12: Recodified as G.S. Download the Petition Request form (fillable PDF), Email:elections.sboe@ncsbe.govPhone:(919) 814-0700Fax: (919) 715-0135. There are many components to a petition and proceeding to sell real property. 2) You record the appropriate notices of the filing in the Registry of Deeds. 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. In Partition by sale proceedings, the Clerk of Court appoints a Commissioner to oversee the sale of the property. Partition proceedings are common methods of resolution to property disputes in North Carolina. 401 Chestnut Street, Suite G In this case the court costs and attorney fees can be taxed against the sale of the real estate and paid from the proceeds. When the property owners cannot agree, a joint owner has the right to initiate a Partition proceeding. 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. Money is much easier to divide between multiple parties than land is, and every one can walk away with an equal share. The court favors partition in kind to split the property equally between the cotenants. Jointly Owning Property: When an Economical Option Turns Costly - the Partition Proceeding. Click here to send us a message. "The Forms Professionals Trust . Craige & Fox, PLLC is a team of attorneys in Wilmington, NC providing high-quality and personalized legal services. 4317 Ramsey Street The first is establishing ownership rights to the property, the right to have it divided and in what percentage. The attorneys at Hendrick Bryant Nerhood & Sanders, LLP handle partition cases throughout the State of North Carolina. This is called a petition for partition. Two common ways people come to jointly own property is through inheritance, or when jointly buying a vacation home. One or both of the parties can file what is called a petition to partition to ask the court to divide the property equitably. Attorney fees and costs can be taxed against the sale and paid from the proceeds. 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. A contested action would necessarily incur much more. For a petition to partition other real property, the commissioners have 20 days to divide the property as equally as possible. Similarly, commissioner(s) are appointed to split the personal property or have it sold and proceeds split. North Carolina, like other jurisdictions, allows a co-owner of real estate to ask the court for a partition of the land. 46A-20. 46A-3, the court may order reasonable attorneys' fees to be paid as a part of the costs of the proceeding. There are a number of ways in which a divorcing couple can settle the distribution of shared property in North Carolina. Families dont always agree on how these situations should be handled, and situations can quickly become tense. Order that the property be sold, and the proceeds be distributed to the co-tenants according to their respective interests. 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. hVmO0+i;*elmB|0k#J~wvHew7 SAhf$ QZ. Petition rules vary from state to state. 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. A relative dies leaving their estate behind to the remaining family members. Submitted by kirksanderslaw on Fri, 04/29/2022 - 11:33am. Subscribeto receive press releases and meeting notices. If youve bought land in a rural area, chances are youll need land clearing services. 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