How do I stop my spouse from forcing the sale of our jointly owned house? – North Carolina

Short Answer

In North Carolina, a spouse generally cannot “force” a sale of the marital home just because they want out, especially when an equitable distribution case is pending and the home is part of the marital estate. The usual way to stop a forced sale is to keep the home inside the equitable distribution case and ask the District Court for a temporary order that preserves the status quo (including an injunction against a sale) until the court decides the final property division. If the other spouse tries to use a separate partition case in Superior Court, the response is often to challenge whether a sale is legally required and to push for an outcome that avoids unnecessary harm.

Understanding the Problem

In North Carolina family law, the main question is: can a spouse make the court order the marital home sold (or require a buyout) even though the home is jointly owned and an “interim distribution” hearing is pending. The key decision point is which court process controls the home right now—an equitable distribution case in District Court, or a partition/sale process in Superior Court—and whether the judge can enter a temporary order to prevent a sale until the final property division.

Apply the Law

North Carolina treats most property issues between spouses after separation under equitable distribution (often called “ED”). In an ED case, the District Court identifies marital versus separate property, values it, and then divides it equitably (often equally, but not always). Before the final ED decision, the court can also enter temporary orders to protect property and, in some situations, make an interim (partial) distribution—unless good cause exists not to do that.

Key Requirements

An equitable distribution claim is pending (or promptly filed): The District Court’s power to manage the marital home typically depends on having an ED case on file.
Risk of harm if the home is sold or transferred before trial: A temporary restraining order (TRO) or preliminary injunction generally requires facts showing that a sale, refinancing, or other transfer would cause unfair or hard-to-fix harm and could make the final ED judgment ineffective.
The requested interim relief fits the purpose of interim distribution: Interim distribution exists to prevent one spouse from controlling key assets to pressure the other spouse during the case; it is an advance against the final ED outcome and is credited later.

What the Statutes Say

N.C. Gen. Stat. § 50-20 (Equitable distribution; interim distribution; injunctive relief) – Allows equitable distribution of marital/divisible property, permits interim distribution absent good cause, and allows injunctive relief to prevent disappearance, waste, or conversion of property during the case.
N.C. Gen. Stat. § 50-21 (ED procedure; temporary orders) – Sets key ED procedures and recognizes the court’s authority to enter temporary orders to protect property and secure possession during the case.
N.C. Gen. Stat. § 1-485 (Preliminary injunctions) – Authorizes preliminary injunctions in civil cases when needed to prevent injury during litigation or to keep the judgment from becoming ineffective.
N.C. Gen. Stat. § 46A-75 (Partition sale; “substantial injury”) – In a partition case, a court may order a sale only if an actual physical division cannot be made without “substantial injury,” and the party requesting the sale carries that burden.

Analysis

Apply the Rule to the Facts: Here, the home is jointly owned, and there is already a court hearing about an interim distribution request. Those facts point strongly toward the home being handled inside the North Carolina equitable distribution case, where the District Court can enter temporary orders to preserve the property and prevent one spouse from creating a forced-sale situation before the final ED hearing. The fact that one spouse previously transferred a partial interest to the other can matter for whether a portion is “separate” or “marital,” but it does not automatically mean an immediate sale must happen.

Process & Timing

Who files: The spouse trying to stop a sale. Where: District Court (the family case) in the county where the Chapter 50 case is pending. What: A motion for injunctive relief (TRO/preliminary injunction) asking the judge to prohibit listing, selling, refinancing, or otherwise transferring the house while ED is pending. When: As soon as possible, and ideally before any scheduled closing, listing, or court hearing seeking sale-related relief.
Build the evidence for temporary relief: Provide sworn facts (verified motion/affidavit) showing why a sale or forced buyout would cause immediate, unfair harm—such as loss of stable housing, inability to replace the residence during the case, or a risk that sale proceeds will be mishandled before final ED credits are calculated.
Address the interim distribution hearing directly: File a written response and propose an alternative temporary plan (for example, temporary exclusive use/possession or an order allocating payment responsibilities and credits) that keeps the home intact until final equitable distribution, and make sure the judge understands that interim distribution is a temporary, credited advance—not a backdoor way to force a permanent sale outcome early.

Exceptions & Pitfalls

Partition risk if the dispute is framed as co-owners, not spouses: If a spouse (or someone acting for them) files a separate partition action in Superior Court, the response often requires fast action—raising the ED case, contesting whether a sale is required, and focusing on the statutory requirement that a sale is not automatic unless “substantial injury” is proven.
Confusing interim distribution with a final property decision: Interim distribution is temporary and must be credited later. Courts often scrutinize requests that functionally decide the entire house issue early without a full ED trial.
Failing to follow local ED procedure: North Carolina counties often have local rules and deadlines in ED cases (including inventory affidavits and scheduling expectations). Missing them can weaken the ability to obtain favorable temporary orders or can create avoidable delays.
Unstructured access to retrieve property: Repeated entries to pick up items can escalate conflict. In many cases, the safer approach is a written schedule (or a court order) that controls dates/times and limits entry to reduce disputes about possession and alleged interference.

Conclusion

In North Carolina, the strongest way to stop a spouse from forcing the sale of a jointly owned marital home is to keep the home under the District Court’s control in the equitable distribution case and request a temporary restraining order or preliminary injunction that preserves the home until final equitable distribution. Interim distribution can happen during the case, but it is temporary and credited later, and it should not be used to force a premature sale outcome. The next step is to file a motion for injunctive relief in the pending Chapter 50 case before the interim distribution hearing date.

Talk to a Family Law Attorney

If a spouse is trying to force the sale of a jointly owned home during separation, our firm has experienced attorneys who can help explain North Carolina equitable distribution, interim distribution hearings, and options to seek a court order that preserves the home while the case is pending. 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.