The Attorneys at Marcellino Moore, PLLC have been awarded Super Lawyers®, which includes less than 2.5% of the nation's top attorneys!
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Real Estate Dispute Lawyers in Charlotte
Sharing ownership of property with someone who no longer agrees with you about selling it, keeping it, or how it should be used can turn a valuable asset into a source of constant conflict. If you're a property co-owner caught in a disagreement you can't resolve on your own, Marcellino Moore, PLLC can help you understand your ownership rights and the legal options available to move forward.
Our real estate dispute lawyers in Charlotte help clients work through disagreements over shared property, including pursuing a partition action when an agreement isn't possible. Founded in 2011, we’re recognized by Super Lawyers®, a designation achieved by less than 5 percent of attorneys nationwide.
Call (980) 427-3401 or contact us online today.
Settlements & Judgments
Our Case Results
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Rights to Property
Attorney Marcellino was able to convince the Superior Court to cancel a lis pendens that was improperly used against the firm’s client.
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Truck Accident
An individual was involved in a truck accident and Attorney Campbell was able to use his extensive experience to advocate for and help his client secure a six-figure settlement.
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Dismissal of Lawsuit and Prevailing on Appeal
Clay Campbell led members of the firm’s family law and civil litigation teams in representing a client who faced a separate civil lawsuit arising from alleged conduct during an underlying domestic matter.
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Judgment in Favor of Client & Successful Collection Efforts
Clay Campbell, working with the firm’s litigation team, represented a homebuyer after the seller failed to disclose tax liens that were not discoverable through an ordinary title search because of the seller’s name change.
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Summary Judgment Dismissing Case Against Client
Attorney Clay Campbell and his team recently successfully defended a multinational retail company against a negligence claim involving an alleged slip and fall on an unidentified liquid.
Meet Our Team
Protecting What Matters Most
When Real Estate Co-Owners Disagree
When two or more people share ownership of real property, whether inherited family land, an investment property, or a home acquired together, disagreements about the property's future can reach a point where no voluntary resolution seems possible and civil litigation is needed.
When a Partition Action Becomes Necessary
A partition action is the legal mechanism that allows a co-owner to ask a court to resolve the impasse when there is no agreement on whether to sell, divide, or retain jointly owned property. It exists specifically for situations where negotiation between owners has broken down.
In North Carolina, partition actions are filed as special proceedings under N.C.G.S. Chapter 46A before the Clerk of Superior Court at the Mecklenburg County Courthouse in Uptown Charlotte.
While courts historically favored partition in kind (physically splitting the land), modern urban single-family lots, residential townhomes, and commercial developments across high-density neighborhoods like South End, Plaza Midwood, or Dilworth often cannot be physically divided without substantial economic damage.
In these cases, the clerk may order a partition by sale, appointing a commissioner to sell the property, often via open-market listing or judicial sale, and distribute the net proceeds among the co-owners according to their ownership percentages.
How Ownership Interests Affect Your Options
The available paths forward often depend on the specific ownership interests involved, the nature of the property itself, and the circumstances driving the disagreement. Property, from single-family homes to larger parcels, can present very different considerations depending on how it's held and by whom.
Evaluating Rights and Advocating for a Resolution
Our lawyers are here to evaluate your ownership rights, explain the potential paths forward based on your specific situation, and advocate for your interests throughout the legal process, whether the matter is resolved through negotiation among the co-owners or needs a court's involvement.
