Partition and Partition by Sale

Oftentimes, when individuals own real property with other individuals, conflicts regarding the property may arise.  These conflicts and disagreements may not always be situations that can be resolved between the parties.  To provide a remedy for situations in which these conflicts occur, North Carolina has enacted Chapter 46 of its General Statutes.

In Chapter 46 of North Carolina’s General Statutes, a cotenant of a parcel of real property may petition the court to partition the property physically, or by sale, in the alternative.  A physical partition is more likely when the parcel is clearly divisible into multiple tracts of similar value without causing injury to any of the parties.  A partition by sale will generally occur when a partition by division is unavailable due to the creation of a substantial injury.  Before the court makes a ruling to partition a parcel of property by sale, the statutes authorize the possibility of mediation between the parties.

It is important to have an attorney who understands partition laws if you or someone you know is in a serious conflict regarding co-ownership of a piece of real property.  These situations can be high conflict and are necessitate an experienced attorney to help guide the process and negotiations.

At King Law our attorneys have been involved in partition actions before and know strategies to more effectively help our clients through this process.  We have offices in Shelby, Columbus, Marian, Rutherford, NC and Greer, SC.  Please call us today for a consultation regarding your matter and find out how we can help you.

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Partition by Sale vs Partition in Kind