It is common for disputes to arise over jointly owned propert and partition proceedings are used to settle to property disputes in North Carolina. Real estate partition proceedings is a body of law devoted, not to resolving who owns a given tract of land, but how it is to be divided.Looking for local rules and forms? A partition action enables you to force the sale of property when coowners are refusing to sell. The following language in a separation agreement has been found to waive the right to partition: i.