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. A partition action enables you to force the sale of property when coowners are refusing to sell.In the case of a partition sale, a cotenant may on application assert the right at any time during the partition proceeding. (c). When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit. The owner who wants to sell can file a Petition to Partition the real property. This procedure allows for the Court to either physically divide the property. How To File a Petition for Partition in North Carolina. Looking for local rules and forms?