Many of the steps in a North Carolina divorce involve unraveling the economic ties between spouses. However, North Carolina couples may jointly own property even when unmarried, which can create legal headaches when the couple breaks up. Partition actions often come into play in these situations, and knowing how to win a partition action in North Carolina is vital for protecting your rights and financial future.
The Raleigh family law attorneys at Marshall & Taylor PLLC have helped many people with partition actions after the end of a long-term relationship. Below, you’ll find essential information on partition actions and how to improve your chances of winning your case.
What Is a Partition Action?
A partition action is a legal process to divide property that two or more people own together. When unmarried ex-partners can’t agree on what to do with shared property, like a house or land, a partition action provides a structured legal process for the former partners to resolve the issue. For example, suppose one person wants to sell the property, but the other doesn’t. In that case, a partition action lets the court decide how to fairly divide it by selling the property and splitting the proceeds or dividing it another way.
Types of Property You Can Divide in a Partition Action
Partition actions can help you divide many types of property you might co-own with a former partner, such as:
- Houses and other real estate
- Land and undeveloped property
- Vacation homes
- Rental Properties
- Commercial buildings
- Farms and agricultural land
- Condominiums or townhomes
Different Types of Partition Actions
If you ask the courts to help you divide shared property through a partition action, there are two main approaches the courts can take:
Partition in Kind
In a partition in kind, a court physically divides shared property among the different owners. For instance, if you and your ex own a piece of land, the court might split it into two pieces. This partition type is similar to cutting a cake into slices—each owner gets a piece of the property to keep or sell independently. The property shares do not necessarily have to be equal, especially if one party contributed more money to purchase or improve the property. This type of partition works best when it’s possible to divide the property fairly without it losing value.
Partition by Sale
A partition by sale happens when splitting the property into distinct pieces isn’t practical. In these cases, the courts can order the owners to sell the property and split the proceeds according to their share of the property. Continuing our previous analogy, this partition type is like selling the whole cake and breaking the money. Partitions by sale usually happen with houses or land that the owners can’t easily divide into parts.
How To File a Petition for Partition in North Carolina
A North Carolina partition starts by filing a petition to partition in the Clerk of Superior Court in the county where the property is located. Partition actions are considered “special proceedings” under North Carolina law, and the Clerk of Court handles them rather than a regular judge. You can file a partition in the county where part of the land lies, even if it spans multiple counties. The Clerk of Court will appoint a Commissioner to oversee the process, whether a physical division or a property sale. If the court orders a sale, the owners will split the proceeds according to each owner’s percentage of ownership in the property.
How To Win a Partition Action
Winning a partition action can be challenging, especially if you and your ex-partner disagree on dividing or selling the property. However, there are steps you can take to strengthen your case. 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.
- Prove that a Partition by Sale is necessary: If a physical division of the property would lower its value or be impractical, present evidence that selling the property is the best option.
- Highlight any improvements you’ve made: If you’ve invested money or labor into improving the property, bring those receipts or records to court to potentially increase your share of the proceeds.
- Work with an experienced attorney: A lawyer familiar with partition actions can gather evidence to support your claim, handle the legal paperwork, and help you make your case in court for the type of partition you prefer.
At Marshall & Taylor PLLC, our Raleigh property division attorneys have extensive experience with partition actions. They can protect your interests if you and a former partner are deadlocked over what to do with your shared property. Call us today at (919) 833-1040 or complete our contact form for a confidential consultation.
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