How can I legally require my co-owner to pay her share of utilities and HOA fees after she moved out? – North Carolina

Short Answer

In North Carolina, you typically cannot force a co-owner to make monthly payments outside of a written agreement. Your main legal remedy is to file a partition proceeding with the Clerk of Superior Court and request an accounting so shared carrying costs (like taxes, mortgage interest, insurance, and HOA dues) are credited back to you and charged against your co-owner’s share at buyout or sale. Utilities tied to your exclusive use are often treated differently and may not be reimbursed without an agreement, especially if you have sole occupancy.

Understanding the Problem

In North Carolina, co-owners often ask: can I make my co-owner pay her share of utilities and HOA fees after she moves out? You are a co-owner of a home; your co-owner left months ago but left belongings; you have been paying utilities, HOA, and the mortgage while living there alone; and you plan to propose a refinance and buyout crediting what she owes. This article explains your options to recover fair contributions and how that fits into a partition proceeding before the Clerk of Superior Court.

Apply the Law

Under North Carolina law, disputes between co-owners over shared property expenses are handled through a partition special proceeding before the Clerk of Superior Court. The clerk can order an “accounting” to balance contributions and offsets when dividing or selling the property. Necessary carrying costs that preserve the property (for example, taxes, mortgage interest, insurance, and required HOA dues) are commonly subject to contribution. By contrast, utilities are often viewed as part of the benefit of exclusive occupancy and may not be reimbursed without agreement. When one owner has exclusive possession, the clerk may apply a setoff for the property’s fair rental value against that owner’s reimbursement claim. The result is a net adjustment credited or charged in a buyout or from sale proceeds.

Key Requirements

• Common ownership: You and the other person both hold title to the same property.
• Necessary carrying costs: You advanced payments that preserved or protected the property (e.g., taxes, mortgage interest, insurance, mandatory HOA dues).
• Accounting and setoffs: In partition, the clerk can credit you for qualifying advances and apply offsets for your exclusive use (often measured by fair rental value) and for any benefits you received.
• Proof of payments: Keep receipts, statements, and proof of each payment to support your accounting request.
• Forum and remedy: Seek an accounting in a partition proceeding; credits are typically applied to the other owner’s share of a buyout or sale proceeds rather than ordered as monthly payments.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Establishes partition procedures, including sale or division of property and related relief.
• North Carolina Gen. Stat. § 1-301.2 (Appeals in special proceedings) – Explains appeal rights from orders of the clerk in special proceedings.
• North Carolina Gen. Stat. § 7A-38.3B (Mediation in matters before the Clerk) – Authorizes mediation in clerk matters to help resolve partition and accounting issues.

Analysis

Apply the Rule to the Facts: You have exclusive use and have been paying utilities, the HOA, and the mortgage. In a partition, you can seek contribution for necessary carrying costs like mortgage interest, taxes, insurance, and mandatory HOA dues, supported by your receipts. Because you alone occupy the home, the clerk may offset your reimbursement claim by the property’s fair rental value during your exclusive possession. Utilities often track to the benefit of the occupant and may not be reimbursed absent an agreement, though the clerk can weigh fairness in the final accounting.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court in the county where the property sits. What: Verified petition for partition requesting division or sale and an accounting for contributions and offsets; Special Proceeding Summons (AOC‑SP‑100) and service on all co-owners. When: File once it’s clear voluntary reimbursement or buyout terms cannot be reached.
2. After service, the clerk sets a hearing. The clerk may order mediation to encourage settlement, including a refinance buyout with agreed credits. Timeframes vary by county and case complexity.
3. If no settlement, the clerk decides whether to divide or sell the property and, when proceeds are available (or at buyout), enters an order applying credits for qualifying advances and offsets for exclusive use. The order charges or credits each owner’s share accordingly.

Exceptions & Pitfalls

• Utilities vs. preservation costs: Utilities are often treated as part of your exclusive use; don’t assume reimbursement unless you have a written agreement.
• Exclusive possession setoff: Expect a fair rental value offset against your reimbursement claim if you had sole occupancy and seek contribution.
• Improvements: Reimbursement is usually based on added value, not raw cost; be ready to show how any improvements increased value.
• Proof problems: Keep detailed records: invoices, statements, canceled checks, and receipts. Missing documentation can reduce your credits.
• Monthly payment orders: The clerk typically adjusts shares at buyout or sale rather than ordering ongoing monthly payments.
• Service and participation: Use the proper special proceeding summons and serve all owners of record; missing a party can delay or derail relief.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner who stopped paying for shared property expenses, 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.