Sample Partition Agreement With Sale In Mecklenburg
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A compelling reason for a partition action typically arises when co-owners of jointly owned property cannot agree on how to manage, use, or dispose of the property.
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.
Here are some tips to help you win a North Carolina partition action: Gather solid evidence: Make sure to have clear documentation proving your ownership and any contributions you've made to the property, such as mortgage payments or repairs.
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.
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.
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.
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.
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.