Short Answer

Usually, no—you cannot force a sale just because you own the remainder interest. In North Carolina, a life tenant has the right to possess the property for life. However, you may file a partition proceeding in the Clerk of Superior Court and ask for a court-ordered sale in lieu of partition. If granted, the court sells the property and divides the proceeds between the life tenant and the remainder owner(s) using statutory actuarial tables.

Understanding the Problem

In North Carolina, can a remainder beneficiary ask the court to sell the family home even though a relative holds a life estate and is not paying the property taxes? You want to know whether you can convert your future ownership into cash now, and what you can do to address unpaid taxes and upkeep while the life tenant remains in possession.

Apply the Law

Under North Carolina law, a life tenant has present possession; a remainder owner has a future interest. They are not typical cotenants, so partition is not automatic. But the partition statutes allow a special proceeding before the Clerk of Superior Court to sell real property when an in-kind split is impractical, with proceeds allocated between the life estate and the remainder. Courts use statutory mortality and annuity tables to calculate the life tenant’s share, and the judicial sale process (with upset bids) governs how the property is sold. Title under a will vests in devisees upon probate and can be evidenced by recording the probated will where the land lies.

Key Requirements

• Standing and interests: You must hold a remainder interest; the life tenant holds the present possession. All interest holders must be joined.
• Forum: File a special proceeding for partition/sale in the Clerk of Superior Court in the county where the property is located.
• Standard for sale: Show that an in-kind partition is not feasible or would cause injury/inequity, so a sale in lieu of partition is appropriate.
• Notice and parties: Serve the life tenant and all remainder owners under Rule 4. Missing a necessary party can void the order as to that person.
• Allocation of proceeds: If a sale is ordered, the court apportions proceeds by the commuted value of the life estate and the remainder using statutory actuarial tables.
• Title evidence: Record a certified copy of the probated will and probate order with the Register of Deeds where the property sits to show your remainder interest of record.

What the Statutes Say

• N.C. Gen. Stat. § 28A-15-2(b) (Title to real property) – Upon probate, title to nonsurvivorship real property vests in devisees, relating back to death.
• N.C. Gen. Stat. § 28A-17-12 (Sales by heirs/devisees within two years) – Addresses when heirs/devisees may convey within two years of death and the role of the personal representative.
• N.C. Gen. Stat. § 1-339.33 (Private judicial sales) – Allows the clerk to authorize private sales; judicial sale procedures apply, including upset bids.
• N.C. Gen. Stat. § 8-46 (Mortality tables) – Provides life expectancy tables used to compute the value of a life estate at sale.

Analysis

Apply the Rule to the Facts: You are a remainder beneficiary; your relative holds the life estate and is not paying taxes. You can file a partition special proceeding in the county where the home is located, join the life tenant and any other remainder owners, and ask the Clerk for a sale in lieu of partition. If a sale is ordered, the court will use statutory tables to divide proceeds between the life tenant (present value of their life estate) and you as the remainder owner.

Process & Timing

1. Who files: A remainder owner. Where: Clerk of Superior Court in the North Carolina county where the property lies. What: Petition for partition/sale in lieu of partition; attach your proof of interest and request allocation of proceeds by life estate value. Also record a certified copy of the probated will and probate order with the Register of Deeds to show title of record. When: No fixed deadline for partition; if pursuing a voluntary sale outside of court within two years of death, special creditor rules can apply.
2. After filing, serve all necessary parties under Rule 4. The clerk will set a hearing to determine whether in-kind partition is impractical and whether a sale is appropriate. If a sale is ordered, the clerk will authorize a judicial sale (public or private) governed by the judicial sale statutes; expect upset-bid periods and county-specific scheduling.
3. After the sale, the clerk confirms the sale, funds are deposited, and the court allocates the proceeds between the life tenant and remainder owner(s) using actuarial tables. The final order disburses funds and closes the special proceeding.

Exceptions & Pitfalls

• If you do not join every interest holder (life tenant and all remainder owners), the order can be void as to the missing party.
• Courts may deny a sale if an in-kind resolution is feasible or the record does not justify a sale in lieu of partition.
• Unpaid taxes and neglect by the life tenant can be addressed through the proceeding (e.g., accounting, reimbursement from proceeds, or protective orders). Gather tax bills, insurance, and repair records to show harm or risk of waste.
• If the property might be sold voluntarily rather than through partition and the sale occurs within two years of death, creditor rules can require personal representative involvement. Judicial procedures can help avoid title issues.

Talk to a Partition Action Attorney

If you’re dealing with a life tenant who won’t pay taxes or allow a sale, our firm has experienced attorneys who can help you understand your options and timelines. 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.