Jan262026
Partition Action Q&A Series

Can we get a recorded deed set aside if our signatures were forged or the deed was improperly prepared? – North Carolina

Short Answer

Yes. In North Carolina, a deed recorded with forged signatures can be challenged in Superior Court and treated as ineffective to transfer the other heirs’ ownership interests. The usual path is a lawsuit to determine title (often called a quiet title or “remove cloud” case) and to request an order canceling or setting aside the recorded instrument. If the dispute is tied to co-ownership of inherited property, the title fight can also intersect with a partition case.

Understanding the Problem

In North Carolina, can heirs ask a Superior Court to set aside a recorded deed when a relative recorded a deed claiming ownership of a house and part of inherited land, and the other heirs say their signatures were forged or the deed was not properly executed? The decision point is whether the recorded document actually transferred any ownership interest, or whether it is a “cloud” on title that should be canceled so the public records match the true ownership.

Apply the Law

North Carolina courts can decide competing claims to real estate ownership and can enter orders that clear up the public record when a recorded instrument is invalid. A forged deed generally does not transfer the ownership interest of the person whose signature was forged, even if it was recorded. When the property is held by multiple heirs as co-owners, a partition case may move forward while the court later resolves the title dispute, or the title dispute may be handled in a separate case depending on what is being contested and how the pleadings are framed.

Key Requirements

  • Standing (right party bringing the case): The person challenging the deed must claim an ownership interest (for example, an heir/co-owner) that is harmed by the recorded deed.
  • A real adverse claim: Someone else must be asserting ownership or an interest that conflicts with the heirs’ claimed title (for example, a relative claiming sole ownership based on the recorded deed).
  • Proof the deed is invalid: The challenge must show why the deed should not affect title—commonly because signatures were forged, the grantors did not actually sign, or the execution/acknowledgment is otherwise legally defective in a way that matters.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the heirs claim the estate was closed and the family land and house passed to multiple heirs, but one relative recorded a self-created deed claiming ownership of the house and a small portion of the land using signatures the other heirs say are not theirs. That creates an adverse claim and a cloud on title because the public record now suggests a transfer that the other heirs deny ever approved. If the signatures are proven to be forged, the deed can be treated as ineffective as to the heirs whose signatures were forged, and the court can order relief that clears the title records.

Process & Timing

  1. Who files: One or more heirs/co-owners (often all aligned heirs). Where: Superior Court in the county where the land is located. What: A civil complaint seeking to determine title and cancel/set aside the recorded deed (often paired with a request for injunctive relief if there is a risk of sale or further transfers). If co-owners also want to divide or sell the property, a partition petition may be filed as well, depending on goals.
  2. Service and early case steps: The person who recorded/claims under the deed must be served. The case typically moves into evidence gathering (documents, handwriting comparisons, notary records if any, and witness testimony about who signed and when).
  3. Decision and record cleanup: If the court finds the deed invalid, it can enter an order determining the parties’ interests and directing relief that clears the cloud on title. In a partition matter, the court can still order partition while leaving the competing ownership claims to be resolved afterward under N.C. Gen. Stat. § 46A-52.

Exceptions & Pitfalls

  • “Improperly prepared” is not always enough: Some recording or notary defects can be curable or may not defeat the conveyance, depending on the type of defect and when the deed was executed. A case needs to focus on defects that actually make the deed ineffective (forgery is a major one).
  • Proof problems: These cases often turn on evidence—original signatures, notary acknowledgments, witness availability, and whether the deed was signed in the presence of a notary. Preserving documents and identifying witnesses early can matter.
  • Partition does not automatically fix title: A partition case can move forward even with disputed interests, but the court still must ultimately determine who owns what before final distribution of sale proceeds or final division. Title claims should be pleaded clearly so the court can resolve them.
  • Future transfers while the dispute is pending: If the person claiming under the deed tries to sell or encumber the property, the dispute can become more complicated. Early court action is often used to reduce that risk.

Conclusion

North Carolina law allows heirs to challenge a recorded deed that was signed without authorization, including by forgery, and to ask the Superior Court to determine the true ownership and clear the cloud on title. In inherited-property disputes, that title issue can be addressed alongside a partition case, and the court can still order partition even if shares are disputed. The practical next step is to file a title action in the county where the land is located and request an order canceling the challenged deed as soon as possible.

Talk to a Partition Action Attorney

If you’re dealing with inherited family property and a recorded deed that appears to take more than one person’s share, our firm has experienced attorneys who can help explain options for clearing title and how that affects a partition case. Call us today at [CONTACT NUMBER].

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.