North Carolina, like other jurisdictions, allows a coowner of real estate to ask the court for a partition of the land. 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. 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. In North Carolina, if one or more persons owns real estate as joint tenants or tenants in common, they may sue to have their undivided interest sold or split. In North Carolina, the right to partition, or sell your interest, takes precedence over the desires of the other co-tenants. Partition of real property in North Carolina. A partition can be voluntary if the parties can agree enough to negotiate a contractual agreement as to the disposition of the property. The filing of a partition action: (A) there is no agreement in a record binding all the cotenants which governs the partition of the property;.