The first step in a partition proceeding is filing a petition with the Clerk of Superior Court in the appropriate jurisdiction. It is common for disputes to arise over jointly owned propert and partition proceedings are used to settle to property disputes in North Carolina.File a written answer in the office of the Clerk of Superior Court for the county named above within 30 days of the date you were served. 1. 8 Partition Petition - Free download as PDF File (. Pdf) or read online for free. Looking for local rules and forms? In a partition proceeding under this Article, the court shall order one of the following methods of partitioning the real property: (1). Investigate "Partition Action": The attorney might recommend filing a partition action in court.