Short Answer

In North Carolina, you prove a down payment contribution by tracing your money into the closing. Bring documents that show where the funds came from, how they moved, and that they were applied at the new home’s closing. If the home is titled only in your ex-partner’s name, you typically ask a Superior Court judge to recognize your equitable ownership (often through a resulting or constructive trust) and then pursue partition. Strong, organized records are critical.

Understanding the Problem

You’re in North Carolina, you’re not on the deed, and you want the court to recognize that you contributed to the down payment on a home your ex-partner now lives in. The question is: how do you prove your contribution so a court can recognize your ownership interest?

Apply the Law

Under North Carolina law, when a house is titled in someone else’s name, you can still ask a court to recognize your equitable ownership if you supplied part of the purchase money for the down payment and intended to own an interest. Courts look for clear, document-based “tracing” of your funds into the closing and evidence showing you did not intend a gift. You typically seek a declaratory judgment in Superior Court to impose an equitable trust reflecting your share; if ownership is recognized, you may then seek partition (sale or division). If a partition is started before the Clerk of Superior Court and someone raises equitable ownership or asks for equitable relief, the Clerk must transfer the dispute to a Superior Court judge, and the Rules of Evidence and Civil Procedure apply. Subpoenas and discovery are available to obtain closing, mortgage, and bank records even if the titled owner refuses to share them.

Key Requirements

• Traceable funds: Records showing your money flowed from your account(s) into the down payment used at the new home’s closing.
• Timing at closing: Proof the contribution was part of the purchase funds applied at or before closing (not just general support paid later).
• No-gift intent: Evidence you did not intend your contribution as a gift to the titled owner.
• Reliable documents: Bank statements, wire confirmations, cashier’s checks, and the closing disclosure/settlement statement tying the funds to the transaction.
• Third-party corroboration: Lender, closing attorney, and title company records; emails or messages about the purchase and contributions.
• Correct forum: File in Superior Court to seek an equitable trust and, once ownership is recognized, pursue partition.

What the Statutes Say

• North Carolina Gen. Stat. § 1-253 (Declaratory judgments) – Courts may declare rights and legal relations, often used to establish equitable ownership.
• North Carolina Gen. Stat. § 1-301.2 (Transfer of special proceedings) – Clerk must transfer a special proceeding when equitable issues or relief are raised.
• North Carolina Gen. Stat. Chapter 8C (Rules of Evidence) – Standard evidence rules apply to prove your contribution.
• North Carolina Gen. Stat. Chapter 1A (Rules of Civil Procedure, including Rule 45 subpoenas) – Discovery tools compel banks, lenders, and closing attorneys to produce records.

Analysis

Apply the Rule to the Facts: You and your ex sold a jointly funded home and held proceeds in a bank account, then used those proceeds for the new home’s down payment. To establish your equitable ownership, assemble statements showing the sale proceeds deposit, the path of those funds to the new home closing (wires, cashier’s checks), and the closing disclosure reflecting those funds. Because your name is not on the deed, file in Superior Court for a declaration of your equitable interest; if the court recognizes it, you can pursue partition.

Process & Timing

1. Who files: You (the non-titled contributor). Where: Superior Court in the North Carolina county where the property sits. What: A civil complaint for declaratory judgment to impose an equitable trust recognizing your share, plus a request for partition after ownership is established. When: File as soon as your tracing documents are organized; procedures and timelines vary by county.
2. Use discovery to fill gaps: subpoena the closing attorney, lender, and banks for the settlement statement, wire confirmations, mortgage file, and account records. Expect several weeks to a few months for records and responses.
3. Hearing or resolution: the court can declare your equitable interest; if granted, proceed to partition (sale or division) with a final order specifying shares.

Exceptions & Pitfalls

• If your contribution looks like a gift (for example, a lender “gift letter” or messages calling it a gift), a court may decline to recognize an ownership share.
• Cash contributions without receipts or a clear paper trail are hard to prove; prioritize documents that show the flow of funds.
• Payments made long after closing usually don’t prove a down payment contribution; focus on funds applied at or before closing.
• Service and discovery issues: if the titled owner won’t cooperate, use subpoenas to banks, lenders, and the closing attorney to obtain third-party records.

Talk to a Partition Action Attorney

If you’re dealing with a deed in your ex’s name and need to prove your down payment contribution, 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.