Jan252026
Partition Action Q&A Series

How can I force the sale of a jointly owned home when one co-owner changed the locks and won’t let the others enter? – North Carolina

Short Answer

In North Carolina, a co-owner generally can force a resolution through a partition case filed in Superior Court, which can result in either a physical division of the land or (more commonly for a single house) a court-ordered sale with the net proceeds divided among the owners. If one co-owner changed the locks and is refusing entry, that conduct can support requests for court orders to protect the property and address “ouster,” and it can also affect how the court accounts for expenses, damage, or lost value. The fastest path is usually to file a partition petition and ask the court to appoint a commissioner to handle the sale process.

Understanding the Problem

In North Carolina, when multiple family members co-own a home after a parent’s death, a common question is: can a co-owner force a sale when another co-owner takes over the property, changes the locks, and refuses to allow the other co-owners to enter? The decision point is whether the co-owners want the court to end the shared ownership through a partition case (which can lead to a sale) rather than remaining stuck in a co-ownership situation where one person controls access and the condition of the home.

Apply the Law

North Carolina allows a cotenant (a co-owner such as a tenant in common) to file a partition proceeding in Superior Court to divide the property interests. The court can order an “actual partition” (a physical division) or a “partition sale” (a sale of the property with proceeds divided). For a single-family home on one lot, an actual split often does not make practical sense, so the case frequently focuses on whether an actual partition would cause “substantial injury,” which is the key finding needed for a court-ordered sale. Separately, North Carolina law recognizes that each cotenant has a right to enter and use the property, and a lockout can raise an “actual ouster” issue that may support additional relief beyond the sale itself.

Key Requirements

  • Co-ownership interest: The person filing must have an ownership interest in the property (for example, as a tenant in common through inheritance or a deed).
  • Proper partition method: The court must choose a method—actual partition, partition sale, or a combination—based on what fits the property and the parties’ rights.
  • Basis for a sale (when requested): To get a partition sale instead of a physical split, the party requesting the sale generally must prove that physically dividing the property would cause “substantial injury” to one or more parties.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe multiple family members who appear to co-own a home, with one co-owner living there, changing the locks, and refusing access. That lockout fact pattern fits the “actual ouster” concern because North Carolina recognizes that each cotenant has a right to enter and use the property, and a refusal to allow entry can justify asking the court for relief to protect co-owners’ rights while the ownership dispute is being resolved. Because the property is a single home, a court is often asked to order a partition sale rather than a physical division, and the abandoned or damaging renovations may also support claims that the property is being harmed (waste) and needs court supervision.

Process & Timing

  1. Who files: Any cotenant (co-owner) seeking to end the co-ownership. Where: Superior Court in the county where the real estate is located (typically handled through the Clerk of Superior Court in partition matters). What: A partition petition identifying the property, the claimed owners and their interests, and the requested method (often a partition sale for a single residence). When: There is not one universal “days to file” deadline for partition itself, but delay can matter if the property is deteriorating or being altered.
  2. Early case steps: The filing party must ensure all co-owners (and sometimes lienholders) are properly served. If the home is being damaged, the case can include requests for interim orders aimed at protecting the property and preserving value while the partition method is decided.
  3. Sale phase (if ordered): If the court orders a partition sale, it typically appoints a commissioner to market and sell the property and to report back to the court. North Carolina statutes set specific sale-procedure rules, including notice requirements before a public sale.

Exceptions & Pitfalls

  • Title and “who owns what” disputes: After a death, ownership can be unclear until the estate and deed history are reviewed. A partition case can move forward, but ownership disputes can still complicate distribution of sale proceeds.
  • Lockout does not automatically transfer ownership: Changing locks and refusing entry may support an “ouster” claim or other relief, but it does not by itself make the occupant the sole owner.
  • Renovations and waste issues: Unfinished or poor-quality renovations can raise “waste” concerns. A common mistake is failing to document the property’s condition (photos, contractor communications, permits) before conditions change again.
  • Expense and credit arguments: In partition cases, co-owners often dispute credits for mortgage payments, taxes, insurance, repairs, or improvements. Poor recordkeeping can lead to avoidable fights about what should be reimbursed from sale proceeds.
  • Access and safety: Self-help attempts to regain entry can escalate conflict or create criminal allegations. When a lockout is happening, court-supervised solutions are usually safer than trying to force entry.

For additional background on related partition issues, see regaining access while a sale process is pending and forcing a sale or buyout when co-owners won’t cooperate.

Conclusion

In North Carolina, a co-owner can usually force an end to shared ownership by filing a partition case in Superior Court, and a single-family home often ends in a court-ordered partition sale if a physical split would cause substantial injury. A co-owner who changes the locks and refuses entry can trigger “ouster” concerns and support requests for court orders to protect the property while the case moves forward. The next step is to file a partition petition in the county where the property sits and promptly request interim relief if the home is being damaged or devalued.

Talk to a Partition Action Attorney

If multiple family members co-own a home and one co-owner changed the locks or is blocking a sale, an attorney can help explain the partition process, request court orders to protect the property, and push the case toward a sale and distribution of proceeds. 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.