Short Answer

In North Carolina, each co-owner (tenant in common) has an equal right to possess the entire property. A lockout by one co-owner can be an “ouster,” and you can ask a court for an order restoring access and, if needed, an accounting for exclusive use. If cooperation fails, you may file a partition special proceeding with the Clerk of Superior Court; for inherited “heirs property,” extra steps like appraisal and buyout rights may apply. Avoid self-help—seek a court order for lawful access.

Understanding the Problem

In North Carolina, can a co-owner lawfully regain access when another co-owner changes the locks and refuses entry? Here, you and your sibling inherited a house and are now co-owners. You want lawful access to inspect or maintain the home and may pursue a partition sale if cooperation fails. This is the right place to understand your immediate access options and the partition path if needed.

Apply the Law

When a parent dies owning nonsurvivorship real estate, title vests in the heirs, who typically hold it as tenants in common. Each tenant in common has an equal right to possess and use the entire property; one co-owner cannot exclude the other. A lockout can amount to an “ouster,” which opens the door to court remedies, including orders restoring access and potential accounting for exclusive use. The main forum for dividing or selling jointly owned real estate is a partition special proceeding filed with the Clerk of Superior Court in the county where the property lies. If the property is “heirs property,” the court follows additional steps, including appraisal and a co-owner buyout opportunity, and often prefers an open-market sale. If an estate is still open, a personal representative may seek an order to take possession or control to preserve the property; otherwise, co-owners proceed directly. For urgent access, you may seek injunctive relief in superior court to compel reasonable entry while the partition progresses.

Key Requirements

• Co-ownership: You hold title as a tenant in common (common for inherited property).
• Denial of access: The other co-owner excluded you (e.g., lock change, refusal to allow entry).
• Relief sought: Court order restoring access and, if needed, a partition (in kind or sale) to end the co-ownership.
• Forum and notice: File a verified petition in the Clerk of Superior Court for partition; serve the co-owner under the Rules of Civil Procedure. Seek a separate or companion injunction for immediate access if necessary.
• Heirs property safeguards: If the home qualifies as heirs property, expect appraisal, buyout options, and potential open-market sale procedures.

What the Statutes Say

• North Carolina Gen. Stat., Chapter 46A (Partition) – Provides the process to partition real property, including sales, with added protections for heirs property.
• North Carolina Gen. Stat. § 28A-15-2 (Vesting of real property) – At death, nonsurvivorship real estate vests in the heirs or devisees, typically creating a tenancy in common.
• North Carolina Gen. Stat. § 1A-1, Rule 65 (Injunctions) – Allows temporary restraining orders and preliminary injunctions to preserve rights, including access to property.

Analysis

Apply the Rule to the Facts: Because you and your sibling inherited the home, you likely hold it as tenants in common, and each of you has an equal right to possess the entire house. Your sibling’s lockout can qualify as an ouster, supporting a request for a court order restoring access and an accounting if they have had exclusive use. If cooperation does not resume, you can file a partition with the Clerk of Superior Court; if the property is heirs property, the court will follow appraisal and buyout procedures before a sale.

Process & Timing

1. Who files: A co-owner. Where: Clerk of Superior Court in the county where the property is located. What: Verified petition for partition (requesting partition in kind or by sale) and, if immediate access is needed, a motion for a temporary restraining order/preliminary injunction in superior court to compel entry and prevent interference. When: As soon as practical; courts can set expedited hearings for access orders.
2. After filing and service, the clerk holds hearings. If heirs property applies, the court determines that status, orders an appraisal, and sets buyout windows. If a sale is necessary, the court typically appoints a commissioner and may require an open-market sale; timelines vary by county and case complexity.
3. Final outcomes include: an order restoring access; a partition in kind (if feasible) or a confirmed sale. Proceeds are divided by ownership interests, with adjustments for documented expenses, maintenance, and, where proven, rent or profits in an ouster scenario. A commissioner’s deed or similar order concludes a sale.

Exceptions & Pitfalls

• Do not use self-help (e.g., breaking in). Seek a court order to avoid allegations of trespass or escalating conflict.
• If the decedent’s estate is still open and the property needs protection, a personal representative may seek an order to take possession or control and can pursue court orders to secure access. Coordinate with the estate if applicable.
• Heirs property rules can add steps: appraisal, buyout rights, and a preference for market sales. Be prepared for these procedures before a sale.
• Accounting traps: If one co-owner has had exclusive use, they may owe an accounting. Keep records of taxes, insurance, repairs, and any rents received.
• Service and parties: Serve all co-owners properly and identify lienholders. Missing parties or poor service can delay or jeopardize orders.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner who locked you out of jointly owned property, 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.