What happens if the other owner claims I locked them out or changed the locks on a jointly owned property? – North Carolina

Short Answer

In North Carolina, each co-owner generally has the right to enter and use jointly owned property, so a lock change that blocks the other owner can be treated as an “actual ouster” (wrongful exclusion). If the court believes an ouster happened, the excluded co-owner may ask the court to be let back in and may also seek an accounting for certain financial benefits tied to exclusive control of the property. In a pending partition case, lockout allegations can also affect how the court manages possession, access, and case deadlines while the sale process moves forward.

Understanding the Problem

In a North Carolina partition action, a common dispute is whether one co-owner can control access to a jointly owned house while the case is pending. The decision point is simple: can one co-owner change the locks or otherwise restrict entry when both owners have ownership rights, especially when one side has already filed a petition and set a hearing to move the case forward.

Apply the Law

North Carolina law treats most co-owners (often called “cotenants”) as having equal rights of possession unless a court order or a valid agreement says otherwise. That means one co-owner’s possession is usually treated as possession for both, and disputes about “lockouts” often turn on whether there was an actual ouster (a real exclusion from possession), not just tension or inconvenience. These issues often come up alongside (or inside) a partition case in Superior Court, where the court’s goal is to divide the property or order a sale and distribute proceeds fairly.

Key Requirements

Shared right to possess: Each co-owner generally has a right to enter, occupy, and use the property, as long as that use respects the other co-owner’s equal rights.
Actual ouster (wrongful exclusion): A lock change or other conduct can become a legal problem if it actually prevents the other co-owner from accessing or using the property as a co-owner.
Financial accounting issues: If one co-owner receives more than their share of certain “rents and profits” connected to the property, the other co-owner may seek an accounting to recover their proportional share.

What the Statutes Say

N.C. Gen. Stat. § 41-83 (Possession of property held as cotenants) – States that each cotenant has a right to enter and occupy the property, and that one cotenant’s possession is generally treated as possession for the others unless an actual ouster occurs.
N.C. Gen. Stat. § 41-88 (Actual ouster; action to compel admission) – Allows a cotenant who claims ouster to bring an action (other than partition) to compel admission back into possession.
N.C. Gen. Stat. § 41-85 (Rents and profits; accounting) – Provides rules for sharing certain rents and profits received from third parties and permits an action for an accounting if one cotenant received more than their share.
N.C. Gen. Stat. § 41-87 (Modification by agreement) – Confirms cotenants can make agreements about possession, sharing expenses/benefits, and related property issues.

Analysis

Apply the Rule to the Facts: Here, the property is jointly owned and both sides say they want to sell, but the other owner has already filed a petition and set a hearing to move the partition case forward. If the other owner claims the locks were changed and that change actually prevented access, the court may treat that allegation as a dispute about “actual ouster” and may address access and possession while the partition proceeds. Even if the end goal is a sale, a lockout claim can increase conflict, trigger requests for court orders about entry, and raise questions about whether one side gained an unfair advantage from exclusive control.

Process & Timing

Who files: Typically the excluded co-owner (or the co-owner responding in the partition case). Where: North Carolina Superior Court (the county where the property is located). What: Depending on posture, this may be raised by motion in the partition case (for access/possession rules) and/or a separate action to compel admission if the claim is framed as an ouster. When: Often as soon as the lockout is alleged, and especially before any scheduled partition hearing where the court will set the next steps.
Next step with realistic timeframes; note county variation if applicable: The court may set a prompt hearing on temporary access/possession issues, or fold the dispute into an already scheduled hearing. Timing varies by county and the court’s calendar.
Final step and expected outcome/document: The court may enter an order addressing access (for example, requiring keys, setting entry protocols, or restricting unilateral lock changes) while the partition process continues toward division or sale and distribution.

Exceptions & Pitfalls

Confusing “co-owner” with “tenant” rules: A co-owner dispute is not the same as a landlord-tenant eviction. Different procedures apply, and the right to possess comes from ownership rather than a lease.
Changing locks without a written agreement or court order: Even if the intent is security or protecting property, a lock change that blocks the other owner can be framed as an actual ouster and can escalate the case.
Self-help and personal property disputes: Restricting access can quickly turn into accusations about interference with personal belongings, missing items, or damage. Clear documentation and court-approved access rules can reduce that risk.
Accounting misunderstandings: North Carolina’s “rents and profits” accounting rules focus on certain benefits received (often from third parties). Parties frequently assume every expense or every month of occupancy automatically creates a payment obligation, but the details matter and should be addressed carefully in the case.

Conclusion

In North Carolina, co-owners generally have equal rights to enter and possess jointly owned property, and a lock change that blocks the other owner can be treated as an actual ouster. If the court credits the lockout claim, it can order access and may also entertain related requests like an accounting for certain property-related benefits. The practical next step is to raise the access issue in Superior Court promptly and ask for a clear order governing keys, entry, and possession before the scheduled partition hearing.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner dispute where one side claims a lockout while a partition case is moving toward a court hearing, our firm has experienced attorneys who can help explain options, reduce risk, and keep the case on track. 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.