Road access, soil quality, elevation, and irrigation levels all effect the value. Although the process seems straightforward, many issues may arise in conjunction with determining how sale proceeds should be divided. 46-13: Recodified as G.S. Order that the property be sold, and the proceeds be distributed to the co-tenants according to their respective interests. G.S. In this case the court costs and attorney fees can be taxed against the sale of the real estate and paid from the proceeds. 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. 1481 0 obj <> endobj We handle This often occurs when cohabitants purchase a house together or a married couple divorces without equitable division of real estate owned by the marriage. 723 Coliseum Drive 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. The lawsuit is brought as a Special Proceeding in the Superior Court division of the county in which the land sits. Petitions to Partition in North Carolina | de Ondarza Simmons PLLC. This is called a petition for partition. 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. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Note: Emailing, messaging, or calling does not constitute Attorney-Client Privilege. Two common ways people come to jointly own property is through inheritance, or when jointly buying a vacation home. 7A-309.) 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. 404 N. Marshall St. 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. 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. Brothers and sisters get along in these situations rather well most of the time. hbbd``b`/@D*D lP\@Hdg`bd The clerk then confirmed the sale. Address: 105 N 6th Street, Wilmington, NC 28401, Copyright 20092023 Rice Law, PLLC. Partition simply means "division". . 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. 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 party claiming a substantial injury has the burden of proving that such injury would occur if the property is partitioned in kind. Hutchens Law Firm LLP As a result of inheritance or the death of a loved one, people often become co-owners of real estate. 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 Petition rules vary from state to state. personal injury cases statewide. Well, how do you split it 4 ways equally? (2) That pursuant to G.S. 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. 2(c), 3.) Creditors to the property can also be included as parties if the property has any liens on it. Families dont always agree on how these situations should be handled, and situations can quickly become tense. Partition by Sale occurs when the property is sold at fair market value and the proceeds are divided in accordance with each owners share. 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. This approach is favored by Courts, however, it is often difficult to achieve. The clerk ordered the partition by sale and appointed a commissioner who then sold the property. The petitionsheets provided must be used to collect signatures. 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. In North Carolina, a co-tenant generally has the right to partition land they own with other co-tenants. 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. PublishedbyDavis W. Puryearon Novermber 15, 2016. Attorney-Client Privilege can only be obtained by meeting with Rice Law attorneys and having a signed contract with Rice Law. There are two types of Partition proceedings, Partition in kind and Partition by sale. "The Forms Professionals Trust . 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. 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. 7A-307(b1)(6) (Through December 31, 2019) 8.00 Hearing on petition for year's . With each person given 25 acres, some will likely be getting land worth much more or much less that others. Use . We have offices located across westernNorth Carolinaand upstateSouth Carolina. Performing marriage ceremony. 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. An owner may terminate joint ownership in property without consent of the other property owner by filing a petition to partition real property. Petition for Partition definition. A petition to partition is considered a special proceeding by our legislature, meaning it follows a different set of procedures. Venue in partition. 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. This means that each owner gets an equitable share of the land. Attorney's fees in an uncontested partition could realistically be between $10,000 - $20,000. A house, for example, cannot usually be split into two. Contact King Law at888-748- (5464)KINGfor a consultation. Whenever a husband and wife acquire property throughout a marriage, this property is jointly owned by the two of them. Their spouses, on the other hand, with no sentimental or long term attachment to the property, can complicate matters. Mediation can help reconcile any minor disagreements so that the parties can still reach an agreement themselves. 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. (508) 375-6725 or (508) 375-6836. Davidson County, High Point, Greensboro, and Guilford County. With the Partition Proceeding, each owner of property is entitled to a partition of that property as a matter of right. All forms provided by US Legal Forms, the nations leading legal forms publisher. NC General Statutes - Chapter 46 2 46-12: Recodified as G.S. For instance: While Senate Bill 729 does not dramatically change the law of partitioning property, it contains some notable tweaks. A Partition action must be instituted in the County where the land lies. If the court rules your favor as a plaintiff, the commissioners will have 20 days to partition and share the property. 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. The fee and expenses of the referee 3. Who Will be a Party to the Petition to Partition? A county is only able to verify the signatures of voters within that county. how to respond to a petition to partition. 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. 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. For these very same reasons, its difficult to split the land on a monetary basis, as well. Like a partition to force the sale or split of real estate, N.C. Gen. Stat. A hearing is held before the Clerk of Court to divide the proceeds. Are Your Neighbors Infringing on Your Property? North Carolina Land Broker Eric Andrews discusses a common misconception that some buyers agents have about agents selling land. Call Josh Dearman at 336-723-7200 to discuss your options. Partition proceedings are the laws answer when joint property owners cannot agree. G.S. No costs may be assessed for the filing, issuance, registration or service of a protective order or a petition for a North Carolina. Partition action in kind is possible only when the property can be physically divided in a manner that each joint owner receives their share. Business litigation and partnership disputes happen all the time and the remedy is a partition action that occurs in a court of law. First, a petition must be filed with the Clerk of Court in the county in which the property lies. 46A-3, the court may order reasonable attorneys' fees to be paid as a part of the costs of the proceeding. Special Proceedings for the Sale of Real Property. If youve bought land in a rural area, chances are youll need land clearing services. 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 No one may sign a petition on behalf of another person.