What are my options if multiple people claim an ownership interest in the same property? – North Carolina

Short Answer

In North Carolina, when more than one person claims an ownership interest in the same real property, the usual options are (1) a negotiated fix (like a deed correction or settlement), (2) a court case to determine who owns what (often a quiet title action), and/or (3) a partition case if the dispute is really about co-owners who cannot agree on what to do with the property. If a lawsuit is filed that affects title, a lis pendens may be recorded to put the public on notice while the case is pending. The best option depends on whether the problem is a “cloud on title” versus a true co-ownership dispute and whether the goal is to keep the property or sell it.

Understanding the Problem

In North Carolina real estate disputes, the key question is: when multiple people claim they own the same property (or a share of it), what legal process determines who has a valid ownership interest and what happens to the property next? The decision point usually turns on whether the competing claims come from paperwork problems (like conflicting deeds or an old unreleased interest) or from a genuine co-ownership situation where multiple owners exist but disagree about use, sale, or buyout. The forum is typically the Superior Court in the county where the land is located, and timing can matter if a sale, refinance, or transfer is pending.

Apply the Law

North Carolina law provides court procedures to (1) determine adverse ownership claims to real property and (2) divide or sell property when there are co-owners. A “quiet title” type claim focuses on determining and declaring the parties’ competing interests so the title can be cleared. A “partition” case focuses on resolving what to do with property owned by cotenants (for example, dividing it or selling it and dividing the proceeds), and the court can move forward with partition even if some parties dispute who owns a particular share.

Key Requirements

  • Identify the competing claims: The dispute must be tied to a specific claimed estate or interest in the property (for example, a recorded deed, an alleged inheritance interest, or a judgment lien that clouds title).
  • Name and serve the right parties: The case must include the people or entities asserting an adverse interest (and, in partition, the other claimed cotenants), with proper service so the court can enter an enforceable order.
  • Choose the right remedy for the goal: If the goal is to clear title, the remedy often seeks a court declaration about ownership. If the goal is to end shared ownership or force a sale, the remedy is typically partition (by division if feasible, or by sale if division would cause substantial injury).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the issue involves a specific piece of North Carolina real property where more than one person claims an ownership interest. If the competing claims are “adverse” (one claim would defeat the other), a quiet title-type action under N.C. Gen. Stat. § 41-10 may be used to ask the court to determine the valid ownership interests. If the situation is that multiple owners exist (or are alleged to exist) and the dispute is about what happens to the property, a partition proceeding may be the more direct tool, and the court can still move the case forward even if some parties dispute who owns a particular share.

Process & Timing

  1. Who files: A person claiming an ownership interest (or a cotenant). Where: Typically Superior Court in the county where the property is located (with filings handled through the Clerk of Superior Court’s office). What: A civil complaint seeking to determine adverse claims (quiet title) and/or a petition/complaint for partition, depending on the goal. When: Often filed as soon as the dispute blocks a sale, refinance, or transfer, or when an adverse claim appears in the public record.
  2. Protect the title while the case is pending: If the lawsuit affects title, a notice of lis pendens may be filed in each county where the property lies to give public notice of the dispute. The lis pendens must be supported by timely service/publication steps to remain effective under North Carolina law.
  3. Resolution: The court may enter an order declaring the parties’ ownership interests (clearing the cloud on title) and/or ordering partition (division) or a partition sale with proceeds distributed according to the determined interests.

Exceptions & Pitfalls

  • Using the wrong tool: A deed correction or settlement may solve a paperwork problem, but it may not resolve a true adverse claim. Likewise, partition addresses what happens to co-owned property, but it may not fully clear a separate title defect unless the ownership dispute is resolved as part of (or alongside) the case.
  • Missing parties or bad service: Ownership cases can fail or stall if a claimant, heir, lienholder, or other necessary party is not properly named and served.
  • Lis pendens missteps: Filing a lis pendens does not create ownership rights; it is a notice tool. If the underlying case is not prosecuted correctly or service/publication deadlines are missed, the notice can lose effect.

Conclusion

When multiple people claim an ownership interest in the same North Carolina property, the main options are a negotiated title fix, a court action to determine adverse claims and quiet title, and/or a partition case to divide or sell co-owned property. In many situations, the case belongs in Superior Court in the county where the land is located, and a lis pendens may be recorded to give public notice while the dispute is pending. Next step: file the appropriate civil action in the county where the property sits and promptly complete service steps required to keep any lis pendens effective.

Talk to a Real Estate Attorney

If multiple people are claiming ownership of the same property and the dispute is blocking a sale, refinance, or transfer, our firm has experienced attorneys who can help explain the options and timelines under North Carolina law. 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: Real Estate 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.