Jan182026
Partition Action Q&A Series

Can I recover for personal property damage caused by people the other co-owner allowed into the home? – North Carolina

Short Answer

Possibly. Under North Carolina law, a co-owner may have a claim against the other co-owner for “waste” if the co-owner’s conduct (including allowing others to misuse the property) causes damage to the co-owned home. Separate from that, if third parties damaged personal items, a claim may exist against the people who caused the damage, and recovery against the co-owner usually depends on proof that the co-owner is legally responsible for what those guests did.

Understanding the Problem

In North Carolina, when two people co-own a home, one co-owner may allow other people to stay there. The decision point is whether damage caused by those third parties can be treated as something the co-owner is responsible for, so that the other co-owner can recover money for the damage. In a partition-action context, the related question is whether the damage and repair costs can be addressed as part of the co-owners’ financial “accounting” when the court divides or sells the property.

Apply the Law

North Carolina recognizes claims between co-owners when one co-owner harms the shared property. If a co-owner commits “waste,” the other co-owner can sue. Waste generally means conduct that damages or materially reduces the value of the co-owned real property beyond ordinary wear and tear. Separately, North Carolina statutes also address contribution and credits between co-owners in a partition case for certain expenses like repairs and other carrying costs, which can matter when damage leads to repair bills.

Key Requirements

  • Proof of damage (and what was damaged): The claim usually turns on identifying whether the damage is to the co-owned real property (the house itself) versus personal property (items inside the home), and documenting the condition before and after.
  • Link between the co-owner’s conduct and the damage: Recovery against the other co-owner typically requires showing the co-owner caused the damage, allowed it to happen through misuse of the property, or had a legal duty and failed to take reasonable steps to prevent ongoing damage once aware of it.
  • Proper remedy and forum: Depending on the goal, the issue may be raised as (a) a claim for waste between co-owners, (b) a request for credits/contribution in a partition proceeding for repair-related costs, and/or (c) a claim against the third parties who caused the damage.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a co-owner (the parent) allegedly allowed third parties to stay in the co-owned home, and damage and safety concerns followed. If the damage is to the house itself (for example, broken doors, holes in walls, destroyed flooring, or damage from neglect), the facts may support a waste theory against the co-owner if the damage is tied to the co-owner’s conduct in allowing misuse of the property or failing to stop ongoing damage once aware of it. If the damage is mainly to personal items inside the home, the cleaner claim is often against the people who caused the damage, while a claim against the co-owner usually requires additional proof that the co-owner is legally responsible for the guests’ actions.

Process & Timing

  1. Who files: The co-owner seeking recovery. Where: Typically North Carolina Superior Court (the county where the property is located for partition-related relief). What: A partition petition (if the goal is to divide/sell the property) and, where appropriate, requests for accounting/credits for repair-related carrying costs; or a separate civil claim alleging waste. When: In a partition case, requests for contribution/credits for carrying costs and improvements must be asserted during the partition proceeding under the timing rules in G.S. 46A-27.
  2. Evidence and documentation: The practical turning point is proof. Common items include dated photos/videos, repair estimates, receipts, incident reports, written communications showing notice to the co-owner, and a clear list separating real-property damage (the structure/fixtures) from personal-property loss (movable items).
  3. Resolution: If the matter is handled inside a partition case, the court can address financial adjustments between co-owners (credits/contribution) as part of the overall division/sale process. If the matter is handled as a waste claim, the case focuses on whether waste occurred and what damages are legally recoverable.

Exceptions & Pitfalls

  • Real property vs. personal property confusion: Waste and partition accounting most directly address harm to the co-owned real estate and shared financial obligations. Damage to personal items may require separate claims and separate proof of ownership and value.
  • Ordinary wear and tear vs. waste: Not every messy house or minor damage supports a waste claim. The stronger cases involve material damage, repeated incidents, or clear neglect that reduces value.
  • Proving responsibility for “guests”: Even if a co-owner allowed someone into the home, that does not automatically make the co-owner legally liable for everything the third party did. The claim usually needs facts showing the co-owner’s own wrongful conduct, permission for destructive behavior, or failure to act after notice of ongoing damage.
  • Accounting timing in partition: In a partition case, credits and contribution issues should be raised early enough to be considered in the court’s process, rather than treated as an afterthought.
  • Safety concerns: Safety issues can overlap with property disputes, but the legal tools and the evidence needed can differ. Documenting incidents and making appropriate reports can matter, but the partition court’s main job is dividing or selling the property and handling related accounting.

For more background on the partition process itself, see how to start a partition action and what happens if both co-owners still live in the property.

Conclusion

In North Carolina, recovery may be available when a co-owner’s conduct results in damage to the co-owned home, including through a waste claim, and repair-related costs may also be addressed through contribution/credits in a partition case. Damage to personal items often requires claims against the people who caused the damage unless facts support legal responsibility by the co-owner who let them in. The most important next step is to file and assert any repair-cost contribution/credit requests during the partition proceeding under G.S. 46A-27.

Talk to a Partition Action Attorney

If a co-owner has allowed third parties into a co-owned home and damage or safety concerns have followed, our firm has experienced attorneys who can help explain options for waste claims, partition-related accounting, and practical next steps to protect the property. 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.

Category: Partition Action Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.