Short Answer

Yes. In North Carolina, a forged deed is void and does not transfer title. To restore your interest, you generally ask the Superior Court to cancel the forged deed and declare the true owners. After title is corrected, you can pursue a partition (division or sale) if you and others are co-owners. Deadlines may apply to any fraud-based claims for damages.

Understanding the Problem

You want to know if you can reclaim your real estate interest in North Carolina when a family member recorded a deed with forged signatures. The question sits at the intersection of property title and partition law: can you clear title and then force a fair division or sale? Here, one key fact is that you have a forensic report confirming the deed was forged.

Apply the Law

Under North Carolina law, a deed with a forged signature does not pass ownership. Title to a decedent’s real estate vests in heirs or devisees at death, subject to estate rules. Partition is a special proceeding used by co-owners to divide or sell property. But if someone claims sole ownership through a forged deed, title must be resolved first—typically by asking the Superior Court to cancel the instrument and declare the rightful owners. The Clerk of Superior Court administers partition, but disputes about title or equitable relief are tried by a Superior Court judge.

Key Requirements

• Ownership status: Show you are an heir, devisee, or co-owner based on how title passed when the joint tenants died.
• Invalid deed: Prove the deed is a forgery (e.g., through a forensic document examiner) or otherwise invalid (such as lack of capacity).
• Correct forum: Ask Superior Court to cancel/void the forged deed and quiet title; then, if multiple owners remain, pursue a partition before the Clerk.
• Joinder and notice: Name all interested parties so the court’s judgment binds everyone with a claim.
• Timing: While a forged deed is void, fraud-based damage claims have filing deadlines; act promptly after discovery.

What the Statutes Say

• Partition of Real Property (Chapter 46A) – Partition is a special proceeding to divide or sell property among co-owners.
• N.C. Gen. Stat. § 1-301.2 – Clerk must transfer special proceedings with disputed facts or equitable issues to Superior Court.
• N.C. Gen. Stat. § 28A-15-2 – Real property generally vests in heirs or devisees at death.
• N.C. Gen. Stat. § 1-52(9) – Three-year period for fraud-based claims runs from discovery of the fraud.

Analysis

Apply the Rule to the Facts: If your parent and grandparent held the property together, title passed at each death according to North Carolina rules, and then to the appropriate heirs or devisees. The relative’s forged deed did not transfer valid title, and your forensic report supports that. First, seek a court order cancelling the forged deed and declaring the correct owners. If you and others are co-owners after title is corrected, you may then file for partition to divide or sell the property.

Process & Timing

1. Who files: An heir, devisee, or claimed co-owner. Where: Superior Court in the county where the land sits (for cancellation/quiet title); then, if needed, the Clerk of Superior Court for partition. What: Civil complaint for declaratory judgment/quiet title and cancellation of deed; attach the forensic report. For partition, file a special proceeding and serve an AOC‑SP‑100 Special Proceedings Summons. When: File promptly; fraud-based damage claims generally have a three-year discovery rule.
2. After filing, the court addresses title. If the deed is void for forgery (or voidable for incapacity), the judge enters an order cancelling it and declaring the rightful owners. If a partition was started and title is disputed, the Clerk transfers the matter to Superior Court for resolution before partition proceeds.
3. Once title is settled and co-ownership is confirmed, the partition can move forward. The Clerk may order partition in kind or a sale, depending on whether a fair physical division is feasible. The final result is an order and, if sold, a report of sale and deed from the judicial sale.

Exceptions & Pitfalls

• If you skip title cleanup and go straight to partition, a title dispute will likely halt the case and be sent to a judge—build in time for that step.
• Join every party with a recorded or claimed interest (including the forger and any later transferees) so the cancellation order binds them.
• Notary acknowledgments do not validate a forged signature. Use your forensic examiner and other evidence to prove forgery or lack of capacity.
• Service and notice mistakes can undo progress. Use the correct summons and ensure Rule 4 service on all respondents.

Talk to a Partition Action Attorney

If you’re dealing with a forged deed or a title dispute that’s blocking a fair 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.