Can I get my name removed from the deed without the other co-owner agreeing to a buyout or refinance? – North Carolina

Short Answer

Usually, no. In North Carolina, a co-owner generally cannot be “removed” from a deed unless that co-owner signs a deed transferring their ownership interest (or a court order transfers the interest). If the other co-owner will not cooperate with a buyout or refinance, the main legal tool to end shared ownership is often a partition action in Superior Court, which can lead to the property being divided or sold.

Understanding the Problem

In North Carolina, can a co-owner of a home get a name removed from the deed when an ex-partner (the other co-owner) will not agree to a buyout or refinance? The decision point is whether there is a voluntary transfer of the ownership interest or a court process that can end the co-ownership. The question focuses on changing the deed (ownership), not just changing the mortgage (loan).

Apply the Law

Under North Carolina law, the deed controls ownership. If two people are on the deed, each generally holds an ownership interest until that interest is transferred by a signed and recorded deed or changed by a court order. A mortgage is separate: one person can be the only borrower on the loan while both people remain owners on the deed. When co-owners cannot agree on a buyout, refinance, or sale, North Carolina allows a co-owner to file a partition proceeding in Superior Court to end the co-ownership.

Key Requirements

• A valid transfer instrument (or court order): A person’s name does not come off a deed just because the person moved out, stopped paying, or wants out. There must be a signed deed conveying that person’s interest to someone else, or a court order that transfers title.
• All co-owners must be included in a partition case: A partition case requires joining and serving all tenants in common and joint tenants so the court can enter an order that binds everyone with an ownership interest.
• A method to end co-ownership: The court must choose a partition method (division in kind, sale, or a mixed approach). If the property cannot be fairly divided without substantial injury, the court can order a partition sale under the statutory standards.

What the Statutes Say

• N.C. Gen. Stat. § 46A-21 (Partition petition; necessary parties) – Allows a cotenant to petition in Superior Court to partition real property and requires joining and serving the other cotenants.
• N.C. Gen. Stat. § 46A-26 (Methods of partition) – Lists the partition methods the court may order and states the court cannot force a cotenant to remain in co-ownership over objection.
• N.C. Gen. Stat. § 46A-75 (Sale in lieu of actual partition) – Sets the standard for when the court may order a sale instead of physically dividing the property.

Analysis

Apply the Rule to the Facts: The home is titled in both names, so the ownership interest remains in place unless there is a signed deed transferring that interest or a court order changing title. The fact that the mortgage is primarily in the ex-partner’s name does not, by itself, remove the co-owner from the deed. Because the co-owners are no longer together and one co-owner has been out of the home for years, a partition action is often the practical court process used to end the shared ownership when voluntary options (buyout, refinance, agreed sale) are not happening.

For more on how the deed-versus-mortgage mismatch plays out, see what happens when the mortgage is only in one co-owner’s name but the deed is in both names.

Process & Timing

1. Who files: Any cotenant listed on the deed. Where: North Carolina Superior Court in the county where the property is located. What: A partition petition/complaint that identifies the property and all cotenants, and requests the court to end the co-ownership. When: There is not a single universal “days to file” deadline for partition in the way some claims have, but timing matters because costs, liens, and property condition can change while co-ownership continues.
2. Service and responses: The filing party must serve the other co-owner(s). The court then addresses whether the property should be physically divided or sold, and it may require evidence about whether an actual division would cause “substantial injury” under the statute.
3. Order that changes ownership: If the court orders a sale, the sale process and the final court order (and related recorded documents) are what ultimately clear the co-ownership and allow the deed records to reflect the outcome.

Exceptions & Pitfalls

• Signing a deed does not remove mortgage responsibility (and vice versa): A deed transfer changes ownership, but it does not automatically change who owes the lender. Likewise, being off the mortgage does not automatically remove someone from the deed.
• Unilateral “removal” is not a thing: A co-owner generally cannot file paperwork at the Register of Deeds to delete a name from a deed without a valid new deed or a court order.
• Partition is about ownership, not punishment: Partition is designed to end co-ownership; it is not a shortcut to force a particular financial outcome. The court’s focus is the statutory method of partition and fairness between cotenants.
• Title and lien issues can complicate the case: Mortgages, judgment liens, and other recorded interests may need to be addressed in the partition proceeding. Under the statute, lienholders may be joined, and failing to account for them can delay resolution.

Conclusion

In North Carolina, a co-owner usually cannot get a name removed from a deed unless the co-owner signs a deed transferring that ownership interest or a court order changes title. When an ex-partner will not agree to a buyout or refinance, a partition action in Superior Court is often the legal path to end the co-ownership and move the property toward division or sale. The next step is to file a partition petition in the Superior Court in the county where the property is located.

Talk to a Partition Action Attorney

If shared ownership with an ex-partner is keeping a property stuck and a voluntary buyout or refinance is not happening, our firm has experienced attorneys who can help explain partition 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.