What is a partition
What is a partition? A partition is a proceeding where the court orders a property to either be sold or divided between the owners. It's filed when at least one of the owners refuses to agree to divide or sell. NC attorney, Kirk Sanders, gives a short introduction in Partitions Part I.
Here's a 2:30 minute "What is a Partition?" video
Key Topics in Video:
Partition Proceedings Overview: Kirk Sanders introduced the concept of partition proceedings, explaining that it involves dividing or selling property when co-owners disagree on its use or sale. 0:11
Court Decisions in Partition Proceedings: Kirk Sanders explained that the court determines the owners and their percentages, and decides whether the property can be partitioned without impairing its value or if it needs to be sold. 1:01
Examples of Partition Proceedings: Kirk Sanders provided examples of partition proceedings, including a house on a half-acre that must be sold and a 50-acre property that can be divided without impairing its value. 1:28
Contact Information: Kirk Sanders shared his contact information and emphasized his experience in handling partition proceedings across various types of properties. 2:19
What is a partition? A partition is a proceeding where the court orders a property to either be sold or divided between the owners. It's filed when at least one of the owners refuses to agree to divide or sell. NC attorney, Kirk Sanders, gives a short introduction in Partitions Part I. Tags NC Partition Attorney
Key Topics:
Partition Proceedings Overview: Kirk Sanders introduced the concept of partition proceedings, explaining that it involves dividing or selling property when co-owners disagree on its use or sale. 0:11
Court Decisions in Partition Proceedings: Kirk Sanders explained that the court determines the owners and their percentages, and decides whether the property can be partitioned without impairing its value or if it needs to be sold. 1:01
Examples of Partition Proceedings: Kirk Sanders provided examples of partition proceedings, including a house on a half-acre that must be sold and a 50-acre property that can be divided without impairing its value. 1:28
Contact Information: Kirk Sanders shared his contact information and emphasized his experience in handling partition proceedings across various types of properties. 2:19
What is a Partition?
Transcript:
0:02
Hello and welcome to partition proceedings in North Carolina. My name is Kirk Sanders.
0:07
I've been an attorney litigating cases since 1995 here in North Carolina.
0:13
So let's talk about what is a partition proceeding.
0:17
It's a proceeding that comes from Chapter 46A of statutes.
0:23
It's when two or more people own a piece of property, one of them doesn't want to sell it or one of them refuses to divide the property and now the others go, hey, I want to sell it or hey, I want my app, I don't want to share it.
0:43
I'm tired of that guy coming onto my side of the track, etcetera, etcetera.
0:47
OK, if you're that person, clearly you might be.
0:50
If you're watching this video, then you need to go ahead and hire me and what I'll do one, I'll, I'll try to write them a letter.
0:57
I'll tell them to do a partition or you can say I've tried that and I'll file a partition proceeding.
1:03
And that's an action is a special proceeding in that the court will decide two things.
1:10
One, they'll determine the owners and the owners percentages.
1:16
And then two, and this is the big one, they'll decide can it be partitioned and kind?
1:21
Can it be divided equally without materially impairing the property or or does it need to be sold in lieu of a partition?
1:30
So I've done 2 examples for you, One's 1/2 acre house.
1:35
So the court's going to have to decide can it be partitioned without materially impairing the value?
1:42
No way.
1:43
You're going to solve all that house in half.
1:45
And when you do that, it's destroyed.
1:48
So they're going to say, no, this house on 1/2 acre, it's got to be sold and they'll go and appoint commissioner to sell property.
1:56
Well, over here we got a different example.
1:58
We got 50 acres.
2:00
The court will say can we can we divide that property?
2:04
And the answer is yes, we can divide it.
2:06
Will it materially impair the value?
2:08
No, it won't.
2:09
So they'll figure out a fair division.
2:11
This is equal 25 and 25, both have Rd. frontage.
2:15
There's more complexities when it gets different than that, but that's an easy example.
2:19
So call me.
My number is 336-510-4000.
I'm a partition attorney.
I've been practicing law since 95.
I've handled partitions from the beach to the mountains.
Call Partition Attorney Kirk Sanders 336-510-4000