Short Answer

No. In North Carolina, every co-owner (cotenant) has an equal right to possess and use the entire property. Changing the locks to exclude a co-owner can be an unlawful “ouster.” If a co-owner refuses access, you can seek a court order restoring access and, if cooperation fails, file a partition case to end the co-ownership by division or sale.

Understanding the Problem

You and a sibling inherited a North Carolina home together. Your sibling changed the locks and will not let you in. You want lawful access to inspect and maintain the house, and you’re considering a partition sale if the situation doesn’t improve. The narrow question is: can your co-owner lock you out, and what steps restore your access or resolve the stalemate?

Apply the Law

Under North Carolina law, co-owners of real estate typically hold as tenants in common and each has the same right to occupy and use the entire property. One cotenant cannot exclude another. A lockout is treated as an “ouster,” which opens the door to court remedies: a judge can order restored access and may later require an accounting for use, rents, and necessary expenses. If co-ownership is unworkable, any cotenant may file a partition proceeding with the Clerk of Superior Court in the county where the property sits. The Clerk decides whether to divide the land in kind or order a sale with proceeds split by ownership shares.

Key Requirements

• Co-ownership: You must have a present ownership interest (e.g., as an heir or devisee), which gives you a right to possess the whole property.
• Exclusion: The other owner denied access (e.g., changed locks and refused entry), which is inconsistent with your equal possessory rights.
• Relief sought: Ask the court to restore access (injunction or similar order) and, if needed, start a partition proceeding to divide or sell the property.
• Forum: Access/injunction is filed in Superior Court; partition is a special proceeding before the Clerk of Superior Court in the property’s county.
• Accounting: Courts can later address credits/charges for taxes, insurance, necessary repairs, or exclusive use and any rents collected.

What the Statutes Say

• North Carolina Gen. Stat., Chapter 46A (Partition) – Sets the partition process before the Clerk, including in-kind division or sale.
• North Carolina Gen. Stat. § 1A-1, Rule 65 (Injunctions) – Allows courts to issue orders restoring access and preserving the status quo.
• North Carolina Gen. Stat. § 1-339.25 (Upset bids on public sales) – Provides a 10-day upset bid period after a report of public sale.
• North Carolina Gen. Stat. § 28A-15-2(b) (Title to real property) – Inherited real property vests in heirs at death, shaping co-owners’ possessory rights.

Analysis

Apply the Rule to the Facts: Because you and your sibling became co-owners when you inherited the home, you each have an equal right to be there. Changing the locks and refusing entry is an ouster. You can ask a Superior Court judge for an order restoring your access so you can inspect and maintain the property. If cooperation does not resume, you may petition the Clerk of Superior Court for partition and, if division is impractical, the Clerk can order a sale and split the proceeds by your respective shares.

Process & Timing

1. Who files: A co-owner seeking access. Where: For access, file a civil action in Superior Court in the county where the house is located; for partition, file a special proceeding with the Clerk of Superior Court in that county. What: Complaint or motion for temporary restraining order/preliminary injunction (to restore access); verified petition for partition under Chapter 46A. When: File access/injunction promptly after a lockout; partition has no fixed deadline, but acting sooner helps manage costs and risks.
2. Injunction track: The court may set a quick hearing on temporary relief, order restored access, and set ground rules for entry, keys, and maintenance while the case proceeds.
3. Partition track: The Clerk determines each owner’s share, then either appoints commissioners to attempt in‑kind division or orders a sale. If sold, the report of sale is filed and a 10‑day upset bid period follows. After confirmation, the deed issues and net proceeds are distributed by ownership shares, subject to any accounting.

Exceptions & Pitfalls

• If a court has granted one owner exclusive possession (for example, via a protective order), that order controls access.
• If a tenant occupies the property, landlord‑tenant rules apply; do not attempt self‑help against the tenant.
• Do not break in or change locks yourself; seek a court order to avoid criminal or civil exposure.
• In partition, all co-owners must be properly named and served; missing an owner can delay or derail the case.
• Keep records of taxes, insurance, and necessary repairs; courts often address contributions and credits in an accounting.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner who changed the locks or refuses access, 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.