Can I file something to make my spouse sell the house if they refuse to agree? – North Carolina

Short Answer

Yes. In North Carolina, a co-owner can usually file a court action that asks for the home to be sold and the proceeds divided, even if the other co-owner refuses to sign a listing agreement. In a divorce situation, it may also be possible to ask the District Court handling equitable distribution for an order that addresses the home (including, in some cases, an interim/partial distribution order). Which filing makes the most sense depends on how title is held, whether an equitable distribution case has been filed, and whether a sale is necessary before the divorce is final.

Understanding the Problem

In North Carolina, when spouses separate and both have ownership rights in the marital home, a common question is: can a spouse file a court document that forces a sale when the other spouse refuses to agree to sell? The decision point is whether the fastest and safest path is a partition case (a co-owner sale case) or a request in the divorce-related property case (equitable distribution) to address the house before the final divorce judgment.

Apply the Law

North Carolina generally gives co-owners a way to end shared ownership through a partition proceeding. In a partition case, the court chooses a method of partition, which can include a court-ordered sale if the legal requirements are met. Separately, North Carolina’s equitable distribution law allows the District Court to classify, value, and divide marital and divisible property (which often includes the marital residence), and it can sometimes enter interim orders after the equitable distribution case is filed.

Key Requirements

Co-ownership exists: The home must be owned by both spouses (for example, both names on the deed). Co-ownership is what gives a spouse standing to file a partition case.
A legal basis to order a sale (not just a preference): In a partition case, the court does not automatically order a sale simply because one owner wants it; the party seeking a sale generally must show the property cannot be fairly divided without substantial injury.
Proper forum and procedure: A partition case is typically handled through the Clerk of Superior Court, while equitable distribution is handled in District Court. Choosing the wrong forum can slow things down and increase cost.

What the Statutes Say

N.C. Gen. Stat. § 46A-26 (Methods of partition) – Allows the court to order actual partition, a partition sale (if the Part 3 requirements are met), or other combinations, and it generally cannot force a co-owner to remain in cotenancy over objection.
N.C. Gen. Stat. § 46A-75 (Sale in lieu of actual partition) – Sets the standard for when the court may order a sale instead of physically dividing the land, including the requirement to prove “substantial injury.”
N.C. Gen. Stat. § 46A-28 (Orders before final determination) – Allows the court to enter practical orders early in a partition case (for example, about possession, payments, access for appraisal, or steps needed to sell).
N.C. Gen. Stat. § 50-20 (Equitable distribution) – Authorizes the court to equitably divide marital and divisible property and includes tools that can matter for real estate (such as interim distribution and injunctive relief in appropriate cases).
N.C. Gen. Stat. § 50-21 (Equitable distribution procedure) – Covers procedure and timing expectations in equitable distribution cases, including inventory affidavit deadlines and case scheduling steps.

Analysis

Apply the Rule to the Facts: Here, the spouses are separating, the divorce is not yet final, and they co-own the marital home. Because co-ownership exists, a partition filing may be available to request a court-ordered sale if the home cannot be fairly divided without substantial injury. At the same time, if an equitable distribution case is filed (or is already pending), the District Court can address the marital residence as part of property division and may be able to enter interim orders that help move the case forward while the divorce is still pending.

Process & Timing

Who files: The spouse who wants to force a sale. Where: Often the Clerk of Superior Court for a partition case, or the District Court for an equitable distribution request in the divorce case (county-specific filing rules apply). What: A partition petition (to request partition and, if appropriate, a partition sale) or an equitable distribution complaint/counterclaim/motion that asks the court to address the home (including possible interim distribution relief). When: A claim for equitable distribution is typically filed after separation and must be asserted before the absolute divorce judgment is entered; local rules and scheduling orders can control the pace after filing.
Early case steps: In equitable distribution, the process commonly includes exchanging sworn inventory affidavits and following court scheduling requirements; many counties also require mediation before trial. In partition, the court can enter early orders about access, appraisals, and sale-related logistics when needed.
Outcome document: In a partition case, the end result can be an order directing a sale and later an order confirming the sale and distributing proceeds. In equitable distribution, the end result is an equitable distribution order that can award the home to one spouse, order a sale, or offset the home’s value with other assets or a distributive award.

Exceptions & Pitfalls

Partition sale is not automatic: A court-ordered sale in partition usually requires proof that physically dividing the property would cause “substantial injury,” and the court must make specific findings to support a sale order.
Forum mismatch can waste time: The marital home can sit at the intersection of partition law and equitable distribution. Filing the wrong type of case first (or filing without a coordinated strategy) can increase cost and create conflicting timelines.
Local rules matter: Equitable distribution cases often have county-specific requirements for inventory affidavits, scheduling conferences, and mediation. Missing a local requirement can delay the case or create avoidable motion practice.
Temporary orders may be needed: If one spouse is paying the mortgage, taxes, insurance, or necessary repairs while the other refuses to cooperate, early court orders may be important to manage possession, access, and preservation of the property while the case is pending.

For a deeper look at the partition option, see how to force the sale of a house a person co-owns when the other owner refuses to sign and whether a court can order a sale even if one co-owner wants to keep living there.

Conclusion

Yes—North Carolina law provides court filings that can lead to a forced sale of a co-owned home when a spouse refuses to agree. The two common paths are (1) a partition case seeking a partition sale when the property cannot be fairly divided without substantial injury, and (2) an equitable distribution filing in District Court that asks the court to address the marital residence (sometimes through interim orders) before the divorce is final. The next step is to file the appropriate action in the proper court and follow the county’s local rules and scheduling requirements.

Talk to a Family Law Attorney

If you’re dealing with a separation where a spouse refuses to cooperate with selling the marital home, our firm has experienced attorneys who can help explain whether a partition filing, an equitable distribution request, or a coordinated approach fits the situation and timeline. 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.