At King Law Offices, it is our goal to provide access to anyone who needs a lawyer in North Carolina and South Carolina, so they can receive the attorney services they need. With joint ownership, each family is free to use or benefit from their vacation property year round, and hopefully the only dispute is whose turn it is to stock the fridge. For example, one hundred acres could be physically divided to allow for two joint tenants each owning a fifty percent interest to receive fifty acres. A Petition to Partition may be filed if parties own real estate together and cannot agree. The costs of partition includes: 1. |, Alienation Of Affection & Criminal Conversation, The Importance of the Certified Public Accountant (CPA) During A Divorce. Posted on Jul 23, 2011. But due to sky-high purchase prices and maintenance costs, it can remain just that - only a dream. Contact yourcounty board of electionsofficefor information and the status of a petition youinitiated there. A petition to partition can divide 1) real estate or 2) personal property that is jointly owned by a divorced couple. Signatures cannot be collected electronically. No costs may be assessed for the filing, issuance, registration or service of a protective order or a petition for a 0 found this answer helpful | 0 lawyers agree. The lawsuit is brought as a Special Proceeding in the Superior Court division of the county in which the land sits. A partition proceeding is an equitable proceeding where the court has the power to balance the equities between the parties by adjusting the disbursement of proceeds of a sale. Winston-Salem: Heart Balm Torts & Alienation of Affection, Court Ordered Reunification Therapy in Divorce Proceedings, Crypto Currency in Divorce Proceedings Undergoing Equitable Distribution, Equitable Distribution and Temporary Restraining Orders, Property Division and Unequal Distribution, Division of Military Benefits and Property and Military Divorce FAQs, Contempt: Penalties for Ignoring a Family Court Order, Establishing Paternity in a Civil Action Regarding Children Born Out of Wedlock, Grounds for an Interlocutory Appeal in Family Law Cases, Interference with an Emergency Communication, Board Certified Family Law Specialization. If you are facing a family law issue such as divorce, it is important to retain an experienced and dedicated family law attorney. While partition has been available in North Carolina for many years, the General Assembly recently passed Senate Bill 729, an act to update the partition laws. In North Carolina, citizens use petitions to put candidates and issues on the ballot, waive filing fees, or form state-recognized political parties. Road access, soil quality, elevation, and irrigation levels all effect the value. 46-1 et seq. Fayetteville, NC 28311, Attorney Responsible for content: H. Terry Hutchens |, BB&T V. Peacock Farms: What This Means for the Trial Attorney, Tale of Two Properties: Do I Have an Easement, Borrower's Failure to Properly Challenge Foreclosure. ). Two common ways people come to jointly own property is through inheritance, or when jointly buying a vacation home. Petitioning to partition is a legal right and the process starts with filing a petition with the Clerk of Court. A contested action would necessarily incur much more. When facing a legal issue, you need an experienced lawyer you can trust and a legal team focused on providing quality services. PublishedbyDavis W. Puryearon Novermber 15, 2016. A Partition action must be instituted in the County where the land lies. Winston-Salem, NC 27106 USA, Online: Help is on the way. 2 Unaffiliated judicial petitions and the petition request forms to be submitted by the interested candidate are always managed directly with the State Board of Elections, regardless of the jurisdictional boundaries of the seat. A county is only able to verify the signatures of voters within that county. Co-owners of property who may need a partition should consult a lawyer familiar with the current state of the law and should evaluate whether it is best to file a partition case before or after the new law takes effect on October 1. 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. Visit Our: Charlotte Personal Injury Website. A proceeding to partition real property shall be commenced in the county where the property is located. petition to partition massachusetts form. Yet, many times joint owners cannot agree on the most simple of issues: who gets what weekend or who is in charge of necessary repairs and as a result the once-happy joint owners no longer want to share or own the property with one another. Part 1. It's the only way we will do business. Similarly, commissioner(s) are appointed to split the personal property or have it sold and proceeds split. Selling Land in the Information Age. Thus, in situations where one owner has made improvements to the property or expended considerable capital for the benefit of the other owners of the property, the court can adjust the share of either the property or sale proceeds allocated to each owner. Familiarize yourself with the laws governing the specific type of petition you want to create. Reasonable attorney's fees incurred or paid by a party for the common benefit 2. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Note: Emailing, messaging, or calling does not constitute Attorney-Client Privilege. Our local area for cases includes Clemmons, Lewisville, In both cases, the joint owner has an undivided interest which means that although the joint owner owns a one- half interest in the property, they cannot point to the specific portion of the property that they own. What Can it do. Once the petition is filed, the other party will receive written notice of the proceeding. petition to partition nh. There are also additional disputes as to who is allotted how much of the sale or division of the land. Creditors to the property can also be included as parties if the property has any liens on it. 4317 Ramsey Street NC General Statutes - Chapter 46 2 46-12: Recodified as G.S. Depending on the circumstances of the case, the court will partition the property through 1) physical partition (partition in kind), or through judicial/forced sale partition. https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_46A.pdf, For More Information, see our companion website article: https://hendricklawfirm.com/what-is-a-partition/, partition sale, actual partition, partition in kind, North Carolina partition, NC partition attorney, Charlotte partition attorney, Raleigh partition attorney, Greensboro partition attorney, Address: petition. A Partition proceeding is a lawsuit filed by a joint tenant or tenant in common owner of property to force the division or sale of real property. Surprisingly, its usually not the direct family members that inherited the land that cause problems. Contact a NC attorney for advice concerning your specific situation. In such a case, the court can appoint impartial commissioners to fairly divide the property, accounting for the fact that some portions of the property may be more valuable than others. There are many components to a petition and proceeding to sell real property. 46A-3. Your strategy for how to win a partition action will depend on what you are seeking to do with the property at issue. 2019 Blanco Tackabery & Matamoros, P.A. Attorney's fees in an uncontested partition could realistically be between $10,000 - $20,000. Road access, soil quality, elevation, and irrigation levels all effect the value. G.S. Yfl.q+F\f>t_3XvIrFkZZID"1 ]j5i9zHOQc8idk2k&"nb2Wo5ji1YbjT8s[w/!q#@iw-x}! U With the Partition Proceeding, each owner of property is entitled to a partition of that property as a matter of right. When you need Sample Partition Complaint, don't accept anything less than the USlegal brand. In North Carolina, if one or more persons owns real estate as joint tenants or tenants in common, they may sue to have their undivided interest sold or split under N.C. GEN. STAT. personal injury cases statewide. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If you own property with other people and no longer want to be co-tenants, a partition action is likely your best course of action. However, if the court finds that an in-kind or actual partition of the land cannot be made without substantial injury to one of the parties, the land can be sold and proceeds split. General Provisions. King Lawis here to serve you and help navigate this journey you are on. Sometimes, however, it is not practical to split the baby when dividing property. cost of partition action. While partition proceedings are sometimes necessary to resolve disputes, substantial expense can often be saved by negotiating a reasonable buy-out of a co-owners interests in the property. Ste. First, a petition must be filed with the Clerk of Court in the county in which the property lies. There are two kinds of partition proceedings, partition in kind and partition by sale. By delivering to the respondent named above a copy of the summons and petition. There are a number of ways in which a divorcing couple can settle the distribution of shared property in North Carolina. Copyright King Law 2023 All Rights Reserved. Is a Revocable Living Trust Right for Me. Typically, the easiest way to resolve such property disputes is to sell the home for fair market value and split the proceeds, but this is only effective if all parties agree. Partition actions start with a petition and are Special Proceedings brought before the Clerk of Court. Remember that creditors to the property can be brought as parties to a petition proceeding. In determining whether there may be substantial injury to an owner the court can consider whether the fair market value of each owners share in the actual partition would be materially less than the amount each owner would receive from a sale, and whether an actual partition would result in a material impairment of one of the owners rights. A partition in kind may be appropriate where, for example, several children inherit a large family farm from their parent, and each child wants to solely own a piece of the farm. For a partition sale to be ordered, the court must decide that an actual partition will damage the fair market value of the property or the rights of one or more of the co-tenants. A partition action "splits the baby" when the owners cannot agree. For a petition to partition real estate, the commissioners have 90 days after they are appointed to execute the partition and file a full report of their actions with the court. A petition to partition is only available as a remedy for individuals that are tenants in common, or co-owners, of a piece of property. There can also be partitions of personal property (think: Yachts). If you jointly own property and are interested in discussing having it partitioned and want to discuss your options, we are here to help. Partition Form Complaint Property File Partition Real Property Complaint Property Complaint . In this case the court costs and attorney fees can be taxed against the sale of the real estate and paid from the proceeds. The cost of a partition action will vary greatly from case to case, and even state to state. However, it is common for disputes to arise over jointly owned property. A partition proceeding takes from 1 1/2 to two years to go to trial. Petition for Alcoholic Beverage (ABC) Election, Petition for Recognition as Political Party, Political Party Endorsement for President. All the world is available at your fingertips. We serve clients throughout North Carolina including those in the following localities: Mecklenburg County including Charlotte, Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville; Iredell County including Mooresville and Statesville; Union County including Indian Trail and Monroe; Cabarrus County including Concord, Harrisburg, and Kannapolis; Gaston County including Belmont and Gastonia; and Stanly County including Albemarle. Although the process seems straightforward, many issues may arise in conjunction with determining how sale proceeds should be divided. However, in order for this to occur one of the parties must file a petition for equitable distribution with the court before the divorce is final. This is called a petition for partition. %PDF-1.5 % In the partition proceeding, the property or the proceeds of the sale will be distributed to the owners based on their percentage share of the ownership of the property. This question is for testing whether you are a human visitor and to prevent automated spam submissions. *For more information on the criteria for inclusion, please click on the logo to be taken to the methodology page of these organizations. Partition actions are when one party to jointly-owned property or a business wants to sell their ownership rights. Access a directory for county boards of election. North Carolina Land Broker Eric Andrews discusses a common misconception that some buyers agents have about agents selling land. Petition must include written notice in a "manner reasonably calculated to make the respondent aware" of: 1. A partition suit is an effective remedy for resolving real estate ownership disputes, particularly ones in which co-owners cannot agree on whether to sell or keep a piece of property. A partition is a special proceeding filed by a co-tenant when the parties cannot agree on how the property should be owned, managed, divided, or sold. Owning property with another co-tenant allows each of the owners to share in the purchase price, taxes, and costly annual maintenance. If the court rules your favor as a plaintiff, the commissioners will have 20 days to partition and share the property. A 60 acre tract of swamp land may have the same value as a 15 acres of rich soiled farm land, but few people are happy with that kind of split. Business litigation and partnership disputes happen all the time and the remedy is a partition action that occurs in a court of law. Families dont always agree on how these situations should be handled, and situations can quickly become tense. NC Partition action in kind is possible only when the property can be physically divided in a manner that each joint owner receives their share. Can I be Sued if I Date a Married Man or Woman? The process can take longer because it depends on how complicated the case is, the disputes between the involved parties, and the court's . A petition is a formal written request, signed by citizens affected by or having an opinion on the issue in question. 1492 0 obj <>/Filter/FlateDecode/ID[<6208EF56D11C794EBCC96D92F36F3B82><225B979223FAE44F9231D628CD47D6FE>]/Index[1481 25]/Info 1480 0 R/Length 68/Prev 834931/Root 1482 0 R/Size 1506/Type/XRef/W[1 2 1]>>stream By leaving a copy of the summons and petition at the dwelling house or usual place of abode of the respondent named above with a person of suitable age and discretion then residing therein. 46-13: Recodified as G.S. The attorneys at Hendrick Bryant Nerhood & Sanders, LLP handle partition cases throughout the State of North Carolina. This means that each owner gets an equitable share of the land. Mediation can help reconcile any minor disagreements so that the parties can still reach an agreement themselves. Attorney fees and costs can be taxed against the sale and paid from the proceeds. 2) You record the appropriate notices of the filing in the Registry of Deeds. 46A-20. Davidson County, High Point, Greensboro, and Guilford County. (508) 375-6725 or (508) 375-6836. Toll-free 1-800-678-9440. If a 100 acre tract of land was inherited by 4 siblings, you shouldnt be shocked to find out that there are 4 different ideas of what to do with that property. Attorney-Client Privilege can only be obtained by meeting with Rice Law attorneys and having a signed contract with Rice Law. Its not uncommon for one piece of land to be owned by several people, and in many of these situations its land that was inherited by family members after the previous owner has died. (a) In proceedings to partition property under this Chapter, the court shall allocate among Well, how do you split it 4 ways equally? Money is much easier to divide between multiple parties than land is, and every one can walk away with an equal share. Jointly Owning Property: When an Economical Option Turns Costly - the Partition Proceeding. Whenever a husband and wife acquire property throughout a marriage, this property is jointly owned by the two of them. Are Brokers Still Relevant? Of course, who has road frontage, access and the condition of the land must be considered as well. In the event of divorce, decisions must be made regarding what to do with that property. A petition to partition is considered a special proceeding by our legislature, meaning it follows a different set of procedures. Contact Us for a Consultation (984) 837-0361. Blanks at the top of each petition sheet must be completed before collecting any signatures. A petition to partition can divide 1) real estate or 2) personal property that is jointly owned by a divorced couple. 7A-309(1). The proceeds of the sale are deposited with the Clerk of Court. Address: 105 N 6th Street, Wilmington, NC 28401, Copyright 20092023 Rice Law, PLLC. On the other hand, where an unmarried couple buys a typical suburban house together, it is probably infeasible to literally split the house if the couple decides to end their cohabitation. The owners of Tenants in Common (TIC) and Join Tenants with Rights of Survivorship (JTWROS) can file. This often occurs when cohabitants purchase a house together or a married couple divorces without equitable division of real estate owned by the marriage. If theres no will that clearly, Chatham County Land Sales Expert Eric Andrews (https://www.ericandrewsrealtor.com/) discusses the top 4 reasons people sell land in North Carolina. Petition to partition is a legal action used to divide real estate or other assets jointly owned by family members, business partners, and other groups of people. 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. Joint property ownership issues can be frustrating and may cause bad blood; fortunately a petition to partition property is available if your dream property turns into a nightmare. A hearing is held before the Clerk of Court to divide the proceeds. The petitionsheets provided must be used to collect signatures. Legal notice of the petition to partition is published in a local newspaper and notice of it must be filed with the county deed registry. In North Carolina, an equitable distribution proceeding can determine how the real estate will be divided, if spouses cant agree. Partitioning is the division of property, real or personal, by joint owners. with the clerk. Depending on the circumstances of the case, the court will partition the property through 1) physical partition ("partition in kind"), or through judicial/forced sale partition. 46-1 et seq. Contact King Law at888-748- (5464)KINGfor a consultation. Partition proceedings are the laws answer when joint property owners cannot agree. You should expect to pay at least $5,000 in attorney's fees and costs, plus there is the cost of a partition referee. This web site is designed for general information only. Which a divorcing couple can settle the distribution of shared property in North Carolina help navigate journey! Filed with the Clerk of Court in the purchase price, taxes, and irrigation levels all effect the.! Sale proceeds should be divided by joint owners NC attorney for advice your! Disagreements so that the parties can still reach an agreement themselves partitions of personal property a! 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