Short Answer

In North Carolina, you cannot unilaterally remove a co-owner from title. You either (1) get the co-owner to sign a deed conveying their interest to you at refinance closing, or (2) ask the Clerk of Superior Court for a partition order if they won’t agree. If the property was inherited recently and estate creditors are still in play, a personal representative may need to join in any deed or mortgage to protect against creditor rights.

Understanding the Problem

You’re in North Carolina, you co-own a house with another heir, and you want to refinance to pay creditors and buy out the co-owner so the title is in your name alone. The decision point is: can you remove the co-owner from the title now, and if so, how—voluntary deed at closing or a partition proceeding through the Clerk of Superior Court?

Apply the Law

North Carolina treats co-owned real estate as a shared title unless the other owner conveys their interest or a court orders a division or sale. A voluntary removal from title happens by deed (often a quitclaim or special warranty) signed by the co-owner and recorded. If the co-owner won’t sign, a partition proceeding before the Clerk of Superior Court can divide the property in kind, award an equalizing payment (owelty), or order a sale with proceeds split. When the property came through a recent estate, transfers or mortgages by heirs can be restricted until the estate’s creditor period runs or the personal representative joins the transaction.

Key Requirements

• Prove co-ownership: You must show you and the other person hold title together; if they won’t sign a deed, a partition case requires proof of cotenancy.
• Choose the path: Either obtain a signed deed from the co-owner at refinance closing, or file a partition proceeding if no agreement.
• Address liens and claims: Any judgment liens against either owner, and any estate-creditor issues for recently inherited property, must be handled for marketable title.
• Estate overlay (if inherited): Within two years of death, heirs’ sales/mortgages may be ineffective against estate creditors unless the personal representative joins after notice to creditors.
• Court forum and authority: Partition actions are special proceedings before the Clerk of Superior Court in the county where the land lies; the clerk may order in‑kind division, owelty, or sale.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-17-12 (Heirs’ sales, leases, and mortgages) – Within two years of death, certain transfers by heirs are ineffective against estate creditors unless the personal representative joins.
• North Carolina Gen. Stat. § 28A-15-1 (Real property as assets for debts) – Real property may be used to pay claims when needed during estate administration.
• North Carolina Gen. Stat. Ch. 46A (Partition of Real Property) – Sets procedures for partition before the clerk, including division in kind or sale.
• North Carolina Gen. Stat. Ch. 1, Art. 29A (Judicial Sales) – Governs court-ordered real property sales, including upset bids.

Analysis

Apply the Rule to the Facts: You and another heir co-own the home. If they consent, you can remove them from title by having them sign a deed to you at the refinance closing and paying their buyout from loan proceeds. If the property was inherited recently and the decedent’s estate still faces creditor claims (e.g., from the restaurant), have the personal representative join the deed/mortgage to avoid creditor challenges. If the co-owner will not sign, you can file a partition case and seek an order allowing a buyout or sale.

Process & Timing

1. Who files: No court filing if both owners agree. Where: Closing occurs with a North Carolina attorney; deed is recorded with the county Register of Deeds. What: Deed from the co-owner to you (often quitclaim or special warranty), deed of trust for the refinance, and settlement statement reflecting the buyout. When: At closing; allow time to clear title and any liens before funding.
2. Who files: If the property was inherited recently and estate creditors exist, the personal representative handles estate steps. Where: Clerk of Superior Court (estate file) in the county of administration. What: Open/maintain the estate, publish notice to creditors, and have the personal representative join the deed/mortgage if needed. When: Notice to creditors runs at least 3 months; coordination before closing prevents creditor challenges.
3. Who files: If no agreement, any co-owner may file a partition. Where: Clerk of Superior Court in the county where the property is located. What: Verified petition for partition, service on all parties, possible mediation; the clerk may appoint commissioners, set owelty, or order a sale. When: Several months is common; sale proceedings include statutory upset bid periods.

Exceptions & Pitfalls

• Heirs property rules may apply. Certain family-owned properties have added steps and notices; a statutory buyout process may be available in partition.
• Unpaid judgments and liens. Judgment liens against either owner or unpaid taxes must be resolved or addressed at closing to deliver marketable title.
• Estate creditor overlay. If the decedent’s estate is or may be insolvent, a transfer or mortgage by heirs without the personal representative’s joinder can be challenged by creditors.
• Tenancy by the entirety. If co-owners are spouses holding by the entirety, both must sign; you cannot “remove” a spouse without their deed.
• Service and military status. Partition requires proper service on all owners; active-duty servicemembers have protections that can affect timing.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner who won’t sign, or an inherited property with creditor issues, 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.