NORTH CAROLINA — G.S. 46A-1 ET SEQ. — PARTITION OF REAL PROPERTY

Complaint for Partition of Real Property

Superior Court action when co-owners cannot agree — court orders physical division or sale and division of proceeds. Fill in details and download a court-ready PDF instantly.
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01 ATTORNEY INFORMATION
02 PLAINTIFF CO-OWNERS

All co-owners must be named as parties — either as a plaintiff or a defendant.

03 DEFENDANT CO-OWNERS

List all co-owners who are not joining this action as plaintiffs.

04 PROPERTY DESCRIPTION
05 BASIS FOR PARTITION
Plaintiff(s) and Defendant(s) are co-owners of the above-described real property and are unable to agree on its disposition.
06 RELIEF REQUESTED

Check all forms of relief sought. Court will grant what is equitable and practicable under the circumstances.

07 CERTIFICATE OF SERVICE

PARTITION NOTES

  • Filed in Superior Court in the county where the property is located.
  • All co-owners must be named as parties.
  • Court will divide physically if practicable; otherwise orders sale.
  • Commissioner appointed to oversee sale if ordered.
  • Attorney fees may be awarded from the proceeds under G.S. 46A-92.

STATUTORY REFERENCE

G.S. 46A-1Partition — jurisdiction and procedure
G.S. 46A-67Commissioner appointment
G.S. 46A-92Costs and attorney fees
G.S. 46A-85Physical partition — when ordered