For a petition to partition other real property, the commissioners have 20 days to divide the property as equally as possible. Our Charlotte real estate lawyers handle partition actions.We help co-owners negotiate and, if necessary, litigate a fair price for their share of a property. The first step in a partition proceeding is filing a petition with the Clerk of Superior Court in the appropriate jurisdiction. A partition action requires a number of steps and gets increasingly complicated as to process moves along. I definitely wouldn't try it without an attorney. Find Local Rules and Forms that provide procedures and guidelines for courts in Mecklenburg County. Also fill out the certificate of service with the date on which you intend to mail a copy to the opposing side and sign it. The certificate of service is. In the case of a partition sale, a cotenant may on application assert the right at any time during the partition proceeding.