Short Answer

In North Carolina, every co-owner (tenant in common) has a right to possess the whole property. If relatives block access, you can file a partition special proceeding with the Clerk of Superior Court in the county where the property sits. The court can order access for inspection, divide the property in kind, or order a sale and, if needed, issue orders to remove non-owner occupants. Heirs’ property rules may add appraisal and buyout steps before a sale.

Understanding the Problem

You’re asking whether you, as an heir and co-owner in North Carolina, can get into a house that relatives won’t let you enter and how a partition case can help. Here, the relatives still live at the inherited property, refuse you entry, and say they have an ownership interest based only on a loan to your parent with no written agreement.

Apply the Law

Under North Carolina law, co-owners each have the right to use and possess the entire property. If a co-owner is excluded, the law provides remedies, including partition. A partition special proceeding is filed with the Clerk of Superior Court in the county where the land is located. Partition in kind (physical division) is preferred when practical; otherwise, the court may order a sale. For “heirs property,” there are added steps like appraisal and a co-tenant buyout option before any sale. Courts can also address interim access and later issue possession orders so appraisers, surveyors, buyers, or allotted owners can enter. If someone in possession claims they are an owner, the Clerk may address it; if a significant title dispute or equitable claim arises, the matter can be transferred to a Superior Court judge.

Key Requirements

• Co-ownership: You must own a share of record (as an heir or devisee) in the North Carolina property.
• Proper filing and notice: File a verified partition petition in the county where the land sits and serve all co-owners and anyone claiming an interest.
• Partition standard: Partition in kind if feasible without harming owners’ interests; otherwise, partition by sale.
• Heirs’ property steps: If it’s heirs’ property, expect an appraisal, notice, a co-tenant buyout window, and if needed, an open-market sale process.
• Access and possession: Ask for interim access orders for inspection; after allotment or sale, the court can issue possession orders to remove holdovers.
• Accounting and credits: The court can account for taxes, insurance, necessary repairs, and the value added by improvements; exclusive occupiers may face rent/offsets if they ousted others.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Governs partition, including heirs’ property procedures, buyouts, and sales.
• North Carolina Gen. Stat. § 1-301.2 (Transfer of special proceedings) – Allows transfer to Superior Court when issues of fact or equitable claims arise.
• North Carolina Gen. Stat. § 28A-13-3 (PR possession/ejectment in estate) – In estate cases, a personal representative can seek possession and ejectment of non-tenant occupants.
• North Carolina Gen. Stat. Chapter 1, Article 29A (Judicial Sales) – Procedures that may apply to court-ordered real property sales.

Analysis

Apply the Rule to the Facts: You are an heir, so title to your parent’s non-survivorship real estate vested in the heirs at death, making you a co-owner with a right to enter. Relatives who refuse entry based only on an undocumented “loan” likely do not hold title; that is a creditor claim against the estate, not ownership. A partition petition lets you ask the Clerk to (a) confirm co-ownership, (b) order access for inspection/appraisal, and (c) divide or sell the property. If the relatives raise a serious title or equitable claim (for example, asking for an equitable lien), the case can be transferred to a judge, but that does not defeat your partition rights.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court in the North Carolina county where the property is located. What: Verified partition petition naming all co-owners and claimants; Special Proceedings Summons (AOC‑SP‑100). When: Respondents typically have about 10 days from service to answer in a special proceeding.
2. The Clerk addresses co-ownership and, if needed, heirs’ property procedures (appraisal, buyout window). The court can enter interim orders for access so appraisers/surveyors can enter. If disputes over title or equitable defenses arise, the matter can be transferred to a Superior Court judge.
3. If partition in kind is impractical, the court orders a sale (often open-market for heirs’ property). After confirmation, the court can issue orders for possession so a buyer or allotted owner can take possession, and the court handles credits/charges among co-owners before distributing proceeds.

Exceptions & Pitfalls

• Heirs’ property triggers extra steps: appraisal, notice, a buyout option for co-tenants, and an open-market sale if no buyout.
• Do not use self-help to enter; seek a court access order. Self-help can risk trespass or conflict.
• If occupants are bona fide tenants under a lease, removing them generally requires the landlord-tenant process, not a contempt order.
• Poor service of process can stall the case. Use proper Special Proceedings Summons and Rule 4 service.
• Occupants may claim credits for taxes, insurance, and necessary repairs; improvements are credited only to the extent they increase value.
• If a serious title/equitable claim is raised (e.g., deed, constructive trust), expect transfer to a Superior Court judge, which can extend timelines.

Talk to a Partition Action Attorney

If you’re dealing with blocked access to a co-owned home and need to force a division or sale, 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.