What is the process in NC for filing for partition of real estate property, when it is a primary residence?
I may have to file for partition to liquidate assets in a property in NC, title held in JTROS. I have tried unsuccessfully to settle with my ex-girlfriend over our property located in Charlotte, North Carolina. If I file for partition by sale, can that be cancelled if/when we reach a settlement agreement? What is the process and cost for filing (Mecklenburg County)? How much would I be risking to attempt the process without an attorney? The first retainer I was quoted was in the $10K range.
A partition action requires a number of steps and gets increasingly complicated as to process moves along. I definitely wouldn't try it without an attorney. If you file, NC has a process where you may be able to recover some of your fees through the sale. If the first retainer quote you got was too high then you should speak to other attorneys about their rates.
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Great advice from Attorney Hatley. You should absolutely get an attorney involved. Either one of you has the right to force a partition sale. In a partition sale, the property will be sold, and you will split the proceeds 50-50. The downside to the partition sale is that you would have the added expenses of court and attorney fees. It makes much more sense for you two just to reach an agreement to sell the property and split the proceeds without having to go through the hassle and expense of a partition action. Getting an attorney involved will likely help move things forward with your ex. The attorney can explain the situation and help put together a written agreement. Ideally, the whole situation can be resolved without the partition hearing. Of course, if your attorney can't reach a settlement, you can always move forward with the partition hearing.
It's quite possible that partition isn't your best option here. Assuming cost is a concern, and assuming that your ex would be willing to try to work it another way, you may be able to work it out with her. It may mean hiring an attorney to serve as an intermediary, and perhaps handle the negotiations to avoid the partition action, but you may come out money ahead by trying another avenue.
