Mecklenburg North Carolina Complaint for Partition of Real Property

State:
Multi-State
County:
Mecklenburg
Control #:
US-02663BG
Format:
Word; 
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Description

A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.


A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.

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FAQ

A forced sale is an involuntary transaction in which the sale is based upon legal and not economic factors, such as a decree, execution, or something different than mere inability to maintain the property.

Essentially, the property owner who wants to force the actual division or sale of property will petition the Clerk to either physically divide the property and give each owner their own separate parcel or to appoint a commissioner to sell the entire property to a third party and divide the sale proceeds.

North Carolina, like other jurisdictions, allows a co-owner of real estate to ask the court for a partition of the land. In a partition proceeding, the court can divide the land in one of two ways either by actually dividing the land itself (a partition in kind) or by selling the land and dividing the proceeds.

When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. An answer to a partition action is a pleading by the defendant in response to the plaintiff's complaint for partition.

The party who wishes to initiate the action (the Plaintiff) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.

1. A co-owner of a property is capable of selling his/her undivided share in the property provided the purchaser is willing to make a purchase in the said manner. the only other way is to partition a property, either through court or through a partition deed and then affect sale of divided property. 2.

The party who wishes to initiate the action (the Plaintiff) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.

Here are some of the most common ways to win a partition suit: Getting bought out at a fair price.The property being sold on the open market.Getting a co-owner to move out of the property so it can be rented.Getting reimbursed for the funds you put into the property.

If you are living in the jointly owned family home, unless you agree to voluntarily sell the home your spouse or partner can apply to the Court for an order for sale of the property. The Court will normally only make an Order for sale at a final hearing.

-- the only way you can stop partition is by going to mediation or talking to all the parties and get the matter settled.

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Mecklenburg North Carolina Complaint for Partition of Real Property