Partition Agreement Of Property In Mecklenburg
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A petition to partition is considered a special proceeding by our legislature, meaning it follows a different set of procedures. 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 partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law.
Attorneys' fees. (a) In proceedings to partition property under this Chapter, the court shall allocate among all the cotenants of the property those reasonable attorneys' fees incurred by any cotenant for the common benefit of all the cotenants, unless a cotenant shows that doing so would be inequitable.
A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law.
In North Carolina, “marital property” can be divided between the parties, while “separate property” is not divided. In general, assets or debts either spouse had before the marriage are “separate property” belonging to that spouse, and will not be divided.
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
Any owner of the property may file for partition. This is a court case in which the owner asks a judge to divide up the property. Typically, this results in the judge ordering the property sold at auction. Anyone, including investors from outside the family, may buy the property at a sale.