It must be filed with the Clerk of Court in the Superior Court division of the county (or one of the counties) where the real estate is located. The General Assembly recently passed Senate Bill 729, an act to update the partition laws.The new laws take effect on October 1, 2020. In North Carolina, partition actions are special proceedings brought before the Clerk of Court, who is the judge in these cases. 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. Real estate partition proceedings is a body of law devoted, not to resolving who owns a given tract of land, but how it is to be divided. Personal property may be partitioned. A tenant in common or joint tenant of personal property may file a petition in superior court to partition the property. A Petition to Partition allows for either a physical division of the property or a courtordered sale, with equitable distribution of proceeds.