Short Answer

In North Carolina, each heir who co-owns inherited real estate has an equal right to possess it, so you usually cannot evict a co-owner. If you cannot agree on a buyout or sale, you can file a partition action with the Clerk of Superior Court in the county where the property sits. The court will either divide the land (partition in kind) or, if that would harm the owners, order a sale and split the net proceeds. If it qualifies as “heirs property,” the law adds appraisal, family buyout rights, and often an open‑market sale process.

Understanding the Problem

You’re a North Carolina heir who co-owns a property with a relative who lives in the home and refuses to move out or sell. Can you force a sale or otherwise resolve the deadlock now? The single decision point is whether to file a partition action in North Carolina to end the co-ownership when agreement isn’t possible.

Apply the Law

Under North Carolina law, co-owners (tenants in common) each have an equal right to possession and cannot eject one another like a landlord–tenant. When co-owners disagree, the remedy is a partition action filed as a special proceeding with the Clerk of Superior Court in the county where the property is located. The court prefers to split the land “in kind” if feasible; otherwise, it orders a sale and divides the net proceeds. For family-held “heirs property,” additional steps apply, including an appraisal, notice, a chance for co-owners to buy out others at appraised value, and a preference for an open‑market sale if a sale is needed. The Clerk can transfer the case to a Superior Court judge if complex disputes arise.

Key Requirements

• Co-ownership and possession: Each heir has equal rights to use and possess the property; mere occupancy is not wrongful.
• Grounds to partition: Any co-owner may seek partition; you must show joint ownership of North Carolina real estate and include all other co-owners as parties.
• Forum and service: File a special proceeding with the Clerk of Superior Court where the land sits; serve all parties under Rule 4 using a Special Proceedings Summons.
• In kind vs. sale: The court orders division in kind if practical; if not, it orders a sale and divides net proceeds.
• Heirs property rules: If the property meets the statutory definition of “heirs property,” the court follows appraisal, buyout, and sale procedures with strict, short deadlines.
• Accounting and credits: Courts commonly account for taxes, mortgage, insurance, and necessary repairs paid by one co-owner and may offset for rents/profits or exclusive use only in specific circumstances.

What the Statutes Say

• North Carolina Gen. Stat., Chapter 46A (Partition) — Governs partition proceedings, division in kind, and court-ordered sales.
• North Carolina Gen. Stat., Chapter 46A, Article 3A (Uniform Partition of Heirs Property Act) — Adds appraisal, buyout rights, and open‑market sale procedures for heirs property.
• G.S. 1‑301.2 (Transfer of special proceedings) — Allows transfer to Superior Court when issues of fact or equitable defenses are raised.
• G.S. 28A‑13‑3 (Personal representative’s powers over real property) — In estate administration, the PR may seek court authority to take possession when needed.

Analysis

Apply the Rule to the Facts: With no shared agreement and one heir living in the property, you cannot simply evict them because co-owners share equal possession rights. Your remedy is a partition action. If the land can be divided fairly, the court will partition it in kind; if not, it will order a sale and split the net proceeds, factoring in credits for documented taxes, mortgage, insurance, and necessary repairs.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court in the North Carolina county where the land is located. What: Partition Petition (no standard AOC petition), plus Special Proceedings Summons (AOC‑SP‑100) and Rule 4 service. When: File when negotiations fail; heirs property procedures trigger short statutory deadlines after service.
2. Clerk holds a hearing, confirms co-ownership, and determines whether the property is “heirs property.” If so, the court orders an appraisal, notices a statutory buyout window, and, if buyout fails, evaluates division in kind before any sale. If not heirs property, the court either appoints commissioners for in‑kind division or orders a sale.
3. For a sale, the court typically uses an open‑market listing in heirs property cases or other sale procedures as ordered. After closing or confirmation, the Clerk distributes net proceeds, applying appropriate credits/debits for contributions, necessary repairs, and any allowable rent/profits adjustments.

Exceptions & Pitfalls

• If a personal representative is administering the estate and has court‑authorized custody of the real property, that may affect timing or interim control.
• All co-owners and necessary parties must be served; failing to join someone with an interest can void orders as to that person.
• Exclusive occupancy is not automatically “ouster.” Without ouster or agreement, rent offsets against the occupant are limited; keep records of taxes, mortgage, insurance, and necessary repairs for contribution credits.
• Title disputes, equitable defenses, or complex issues can trigger transfer to a Superior Court judge, which can change timelines and procedure.

Talk to a Partition Action Attorney

If you’re dealing with a co‑owner who won’t move out or agree to sell, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.