Short Answer

Usually no. In North Carolina, survivorship between co-owners exists only if the deed itself expressly says so. If a recorded deed lists the parties as tenants in common, a later handwritten note typically does not change title. When a tenant in common dies, that person’s share passes to their heirs, who may seek partition; the surviving co-owner can ask for credits for carrying costs in the partition.

Understanding the Problem

You want to know whether a handwritten survivorship note on a deed can override language in the deed that says the owners hold as tenants in common. We’re in North Carolina. The actors are co-owners of a condo; the action is whether survivorship applies (so the survivor takes the whole) or whether the deceased owner’s heirs can force a partition sale. One key fact: the recorded deed says “tenants in common,” despite a handwritten note suggesting survivorship.

Apply the Law

North Carolina treats survivorship in real estate as an opt-in feature. Joint tenants have no survivorship unless the deed clearly says so. If the deed says tenants in common, there is no survivorship; the decedent’s interest vests in their heirs at death. Any co-tenant (including heirs) may file a partition with the Clerk of Superior Court in the county where the property sits. If a title dispute arises (for example, someone claims a later note created survivorship), the matter can be transferred to Superior Court. There is no fixed deadline to file partition, but separate two-year rules affect private sales by heirs to third parties.

Key Requirements

• Express survivorship language in the deed: The instrument must clearly state a right of survivorship; otherwise, no survivorship exists.
• Tenancy in common by default: If the deed says “tenants in common” (or lacks survivorship language), each owner’s share is separate and does not pass to the other at death.
• Heirs take at death: A deceased tenant in common’s interest vests in the heirs at the moment of death; a personal representative may get involved only if needed to administer debts.
• Partition forum and path: File a special proceeding with the Clerk of Superior Court in the county of the property; in-kind division is preferred if practical, otherwise sale. Contested title issues go to Superior Court.
• Accounting/credits: In partition, courts commonly adjust the final distribution for taxes, mortgage interest, insurance, necessary repairs, and some improvements (to the extent they add value).
• Changing title: To create survivorship after the fact, co-owners generally must sign and record a new deed with survivorship language; a later handwritten note typically does not alter ownership.

What the Statutes Say

• North Carolina Gen. Stat. § 41-2 (Joint tenancy; survivorship abolished unless stated) – No survivorship unless the instrument expressly provides.
• North Carolina Gen. Stat. § 28A-15-2 (Title to real property) – Nonsurvivorship real property vests in heirs at death.
• North Carolina Gen. Stat. Chapter 46A (Partition) – Procedures for partition in kind or by sale through the Clerk.
• North Carolina Gen. Stat. § 28A-17-12 (Sales by heirs/devisees within two years) – Special rules for private sales by heirs within two years of death.

Analysis

Apply the Rule to the Facts: Because the recorded deed says tenants in common, North Carolina law treats the owners as having separate, undivided shares with no survivorship. A later handwritten note usually does not change the recorded granting terms, so the partner’s share vested in the partner’s heirs at death. Those heirs can petition for partition with the Clerk. Your mother can ask the court to credit her for mortgage payments, taxes, insurance, and necessary repairs before net proceeds are divided.

Process & Timing

1. Who files: Any co-tenant (your mother or the heirs). Where: Clerk of Superior Court in the North Carolina county where the condo is located. What: Petition for Partition (special proceeding) identifying the property, current owners/heirs, and requested relief (in kind vs. sale). When: No fixed filing deadline; file promptly to preserve evidence and address carrying costs.
2. The Clerk sets a hearing to determine the parties’ interests and whether division in kind is practical; if not, the Clerk may order a sale. If a title dispute arises over the handwritten note, the case can be transferred to Superior Court for resolution.
3. On a sale, a commissioner is appointed, the property is sold, and the Clerk approves the report of sale. The Clerk then distributes net proceeds, applying credits for documented carrying costs and recognized improvements as appropriate.

Exceptions & Pitfalls

• A handwritten or marginal notation usually does not create survivorship; survivorship must be clear in the signed, recorded deed. Changing ownership typically requires a new, executed, notarized, and recorded deed.
• If an estate is opened and the personal representative needs to sell to pay debts, that proceeding can affect timing; heirs and all interested parties must be properly joined.
• All heirs of the deceased co-owner are necessary parties. Missing parties can delay the case and may undermine a sale order as to them.
• Keep records. Contribution credits for mortgage, taxes, insurance, and repairs require proof. Improvements are credited only to the extent they increase value, not automatically dollar-for-dollar.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner’s death, a deed that says tenants in common, and heirs pushing for a 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.