Dec292025
Partition Action Q&A Series

As a co-owner, can I stop the other owner from letting certain people move in or use the property for illegal activity? – North Carolina

Short Answer

Sometimes, but not in the same way a sole owner could. In North Carolina, each co-owner generally has an equal right to possess and use the whole property, so one co-owner usually cannot unilaterally “ban” the other co-owner’s guests or occupants. However, if the other co-owner’s conduct creates safety risks, property damage, or illegal activity, a court can sometimes step in through an injunction or related relief, and a partition case can also be used to separate the co-ownership through a sale or division.

Understanding the Problem

In North Carolina co-ownership situations, the key question is whether one co-owner can control who the other co-owner allows to stay at the home, especially when those people are unauthorized, unsafe, or connected to illegal activity. The decision point is whether the other co-owner’s use crosses the line from ordinary co-owner “use and possession” into conduct that a court will restrain to protect the property or the other co-owner’s rights. This issue often comes up when one co-owner wants to be bought out but also needs the home kept safe and stable while the ownership dispute gets resolved.

Apply the Law

North Carolina generally treats co-owners (such as tenants in common or joint tenants) as having equal rights to possess and use the entire property until the co-ownership ends. That means one co-owner usually cannot act like a landlord over the other co-owner or unilaterally set house rules that bind the other co-owner’s choices. When a co-owner’s conduct threatens the property or the other co-owner’s rights, the usual tools are (1) court orders that restrain harmful conduct and/or (2) ending the co-ownership through a partition case in Superior Court under Chapter 46A.

Key Requirements

  • Equal right of possession: Each co-owner typically has the right to use and possess the whole property, not just a “half,” unless a court order or written agreement says otherwise.
  • Proof of harmful conduct (for court restraint): To stop conduct through a court order, the requesting co-owner generally needs specific facts showing unlawful activity, threats to safety, property damage, or other serious interference with co-ownership rights.
  • Proper forum and procedure: Disputes that require court action (partition and many requests for court-ordered relief) are typically handled in North Carolina Superior Court, and the court’s power depends on filing the right type of case and serving the right parties.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the home is co-owned with a parent, and there are concerns about unauthorized or unsafe people staying at the property and possible illegal activity. Because co-owners generally share a right of possession, the parent’s decision to allow someone to stay may not be something the other co-owner can stop simply by objecting. But if the situation involves credible evidence of illegal activity, threats, or property damage, that can support asking a court for an order aimed at stopping harmful conduct while the ownership dispute (including a possible partition) is resolved.

Process & Timing

  1. Who files: The co-owner seeking relief. Where: North Carolina Superior Court in the county where the property is located. What: Often a partition complaint/petition under Chapter 46A, and in appropriate cases a request for temporary restraining order (TRO) and/or preliminary injunction tied to the property dispute. When: As soon as there are documented safety risks, credible illegal activity, or escalating conflict that could cause harm or complicate a buyout/partition.
  2. Next step: Service on the other co-owner and any necessary parties. The court may set an early hearing if emergency relief is requested, but timing varies by county and by whether the court finds an urgent risk.
  3. Final step: The court resolves the ownership dispute through partition (division if feasible, or sale if not) and addresses related issues that affect the property and the parties’ rights while the case is pending.

Exceptions & Pitfalls

  • “Co-owner vs. tenant” confusion: A co-owner is not automatically a “tenant,” and the other co-owner is not automatically a “landlord.” Trying to use landlord-tenant tools against a co-owner or the co-owner’s invitees can backfire if the legal relationship is not actually a lease.
  • Weak documentation: Courts respond better to specific, dated facts (police reports, photos, written communications, witness statements) than to general fears. If illegal activity is suspected, contemporaneous documentation matters.
  • Overbroad requests: Courts are more likely to grant narrow, safety-focused restrictions than sweeping demands that effectively give one co-owner total control of the home.
  • Title/share disputes do not always stop partition: Even if the parent disputes the other co-owner’s claimed share or reimbursement arguments, a partition case can still proceed, and the court can address contested interests within the process. See N.C. Gen. Stat. § 46A-52.
  • Property type limits: Some property interests have special partition limits (for example, timeshares), so confirming the property type and deed language is important. See N.C. Gen. Stat. § 93A-43.

Conclusion

In North Carolina, a co-owner usually cannot unilaterally stop the other co-owner from allowing people to stay at the property because both co-owners generally share an equal right to possess and use the whole home. If the situation involves illegal activity, safety threats, or serious interference with co-ownership rights, court-ordered relief may be available, and a partition case in Superior Court can end the co-ownership through division or sale. The practical next step is to file a partition action in the county where the property is located as soon as the situation becomes unsafe or unmanageable.

Talk to a Partition Action Attorney

If a co-owner is allowing unsafe occupants or activity at a jointly owned home and the situation is affecting safety, stability, or a potential buyout, our firm has experienced attorneys who can help explain 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: Partition Action Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.