Short Answer

Yes. In North Carolina partition cases, a co-owner can seek contribution or a credit for necessary carrying costs—like property taxes, insurance, mortgage payments, and necessary repairs—paid to preserve the property. You typically assert this as an accounting/credit in the partition proceeding or as part of related title litigation. You must name all co-owners and anyone claiming an interest (including the relative and any lender under the disputed deed). The decedent’s estate or the State are usually not required parties unless they have a recorded lien or a specific legal interest in the property.

Understanding the Problem

You want to know if you can recover what you paid to keep the property afloat (taxes, insurance, mortgage) and who must be in that claim. In North Carolina, this arises in a partition action when co-owners divide or sell property and the court (or clerk) adjusts the proceeds to account for each owner’s contributions. Here, a relative allegedly added themselves to the deed, and a partition sale is pending. Your goal is to stop the sale, clear title, and recover fair credits for what you paid.

Apply the Law

Under North Carolina law, cotenants may obtain contribution or credits in partition for necessary carrying costs that preserved the common property. Courts also consider offsets for exclusive use or rents. If title is disputed (e.g., forged deed or deed of trust), that issue is resolved in a civil quiet title action in Superior Court, and the partition can be stayed or transferred so title is settled first. Quiet title actions are civil suits; partition is a special proceeding before the Clerk of Superior Court unless transferred. Act before a sale is confirmed.

Key Requirements

• Co-ownership during the expense period: You must have held an ownership interest when you paid the carrying costs.
• Necessary, property-preserving costs: Recoverable items typically include ad valorem taxes, insurance, mortgage payments, and necessary repairs; voluntary upgrades are limited to any proven increase in value.
• Accounting in partition: Ask the court to credit your contributions and to apply offsets for any exclusive use or rents received.
• Title issues to Superior Court: To void a forged deed or deed of trust, file a separate quiet title action and seek to stay the partition until title is resolved.
• Join all interested parties: Name all co-owners, the person claiming through the challenged deed, and any lender/trustee claiming under the disputed deed of trust; add lienholders with recorded interests if relief would affect them.

What the Statutes Say

• North Carolina Gen. Stat. § 41-10 (Quiet title) – Authorizes a civil action to remove clouds on title and determine adverse claims.
• North Carolina Gen. Stat., Chapter 46A (Partition procedures) – Governs partition of real property, including sales and allocation of proceeds.
• North Carolina Gen. Stat. § 1-301.2 (Transfer of special proceedings) – Requires transfer to Superior Court when equitable issues or title disputes are raised in a special proceeding.

Analysis

Apply the Rule to the Facts: You received title by right of survivorship, so the property passed to you at death and is generally outside the estate. The relative’s alleged forged deed/deed of trust raises a title dispute that belongs in a Superior Court quiet title action; name the relative and the lender/trustee under the forged loan. In the partition case, request an accounting/credit for taxes, insurance, mortgage, and necessary repairs you paid, with offsets (if any) for your exclusive use. The estate or the State are not typically required parties unless they hold a lien or claim that your requested relief would affect.

Process & Timing

1. Who files: You. Where: File a civil complaint for quiet title in Superior Court; record a Notice of Lis Pendens with the Register of Deeds. What: Complaint to quiet title (seeking deed/deed of trust cancellation based on forgery) and a motion for a temporary restraining order/preliminary injunction to pause any partition sale. When: File immediately to seek injunctive relief before the partition sale is confirmed.
2. In the existing partition, file motions to (a) stay the sale pending title resolution and (b) transfer the special proceeding to Superior Court if equitable issues are joined. Ask for an accounting so your carrying costs are credited, and be prepared to document taxes, insurance, mortgage, and necessary repairs.
3. After title is resolved, the court proceeds with partition or dismissal. If a sale occurs, the court allocates proceeds by applying credits/offsets; if you prevail on quiet title, the relative’s claimed interest (and forged loan) is removed from the chain of title.

Exceptions & Pitfalls

• Exclusive possession offsets: If you lived alone on the property, expect a reasonable rental-value offset against your credits.
• Improvements vs. repairs: Upgrades are credited only to the extent they increase the property’s value, not necessarily by your out-of-pocket cost.
• Necessary parties: Failing to join the alleged grantee and the deed-of-trust beneficiary/trustee in the quiet title case can leave the lien or cloud on title intact.
• Estate and State: Do not name the estate unless you seek relief affecting estate rights (e.g., pre-death costs or claims) or there’s a pending estate sale; do not name the State unless a recorded state lien or claim exists.
• Procedure traps: Quiet title belongs in Superior Court; a counterclaim for quiet title in the Clerk’s partition file is improper—seek transfer or file a separate action.

In North Carolina, you can recover necessary carrying costs through contribution or credits in a partition, with offsets for exclusive use. Because a forged deed/cloud on title requires a civil quiet title action, file in Superior Court, name the relative and any lender/trustee under the forged loan, and move to stay the partition until title is resolved. To protect your position, file a lis pendens and seek an injunction before any partition sale is confirmed.

Talk to a Partition Action Attorney

If you’re dealing with a partition sale and disputed title—especially where you paid the taxes, insurance, or mortgage—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.