Short Answer

In North Carolina, you cannot “remove” someone from title just because they added their name to tax records. Tax listings do not transfer ownership. If the spouse is a lawful heir to your sibling’s share under intestacy, they own an undivided interest that cannot be stripped away, but you can file a partition to force a division or sale and request credits for your payments. If the spouse recorded a deed without authority, you can ask the court to void it and clear title.

Understanding the Problem

You’re asking whether, in North Carolina, you (a co-owner who inherited real property) can take the surviving spouse of your deceased sibling off the title after the spouse added their name without proper authority soon after your sibling’s death. One key fact: you have lived in and maintained the property and covered payments. The issue is whether the spouse has a real ownership interest and how to fix the record if they do not.

Apply the Law

Under North Carolina law, real estate that is not held with survivorship passes at death. If there is no probated will, the law of intestacy gives the surviving spouse a share of the deceased owner’s real property, which vests at death by operation of law. A tax listing change does not transfer title; ownership changes only by deed, probate order, or court judgment. If a non-owner recorded an instrument without legal authority, a court can declare it void and remove the cloud on title. When co-owners cannot agree, a partition special proceeding before the Clerk of Superior Court can determine ownership shares, order a division or sale, and handle equitable accounting (credits and setoffs) among the co-owners.

Key Requirements

• Prove current co‑tenancy: Show that you and the spouse (if an heir) hold undivided interests that vested at death; if a will exists, it must be probated to pass devised real estate.
• Separate tax listing from title: Tax records do not convey ownership; only a deed, probate, or court order does. Correcting the tax roll may be administrative; clearing title may require a court order.
• Challenge unauthorized filings: If the spouse recorded a deed or other instrument without authority, seek declaratory/quiet title relief to void it and confirm true ownership.
• Use partition to resolve impasse: File a partition special proceeding before the Clerk of Superior Court to determine shares and obtain partition in kind or a sale if division is impractical.
• Ask for an accounting: In partition, request credits for taxes, insurance, mortgage, and necessary repairs you paid, with possible offsets for exclusive use or rent collected.
• Confirm heirs if unclear: If heirship is disputed, file an estate proceeding to determine heirs and their shares before or alongside partition.

What the Statutes Say

• N.C. Gen. Stat. § 28A-15-2 (Title to real property) – Heirs (or devisees after probate) take title to non‑survivorship real property at death.
• N.C. Gen. Stat. § 29-14 (Intestate share of surviving spouse) – Sets the spouse’s undivided share of a decedent’s real property when there is no will.
• Chapter 46A (Partitions) – Procedures for partition in kind or sale and the Clerk’s role.
• N.C. Gen. Stat. § 1-253 (Declaratory judgments) – Court can declare rights and clear clouds on title.

Analysis

Apply the Rule to the Facts: Title to your late sibling’s undivided share vested at death. If no will was probated, the surviving spouse likely owns an intestate share of that sibling’s portion; a tax listing change alone does not create ownership. If the spouse recorded an instrument without authority, you can ask the court to void it. Regardless, you can use partition to confirm shares, force a division or sale, and seek credits for what you paid toward the property.

Process & Timing

1. Who files: A co‑owner. Where: Clerk of Superior Court in the North Carolina county where the property sits. What: File a petition for partition of real property; if heirship is unclear, file an estate proceeding to determine heirs; if an unauthorized deed clouds title, file a declaratory/quiet title civil action in Superior Court. When: File as soon as practicable; procedures and timelines vary by county.
2. Once filed, the Clerk will address whether the parties are co‑tenants and their shares. If division in kind is impractical or would cause substantial injury, the Clerk can order a sale. Expect notices, potential mediation, and hearings; schedules differ by county.
3. At closing, the court enters an order (and, if sold, a confirmation of sale). Proceeds are distributed by ownership percentages, adjusted for allowed credits/offsets. A judgment in a declaratory action will cancel any unauthorized instrument and confirm title.

Exceptions & Pitfalls

• If your sibling died intestate with children, the spouse usually owns only a portion of your sibling’s share (not the whole property). You cannot remove a legitimate heir’s share—use partition.
• Tax listings are not title. Correct the assessor’s roll, but use court action to clear title if a deed was recorded without authority.
• Document every payment (taxes, insurance, mortgage, necessary repairs). Without proof, credits in partition are harder to obtain.
• All co‑owners and interested heirs must receive proper notice. Missing a necessary party can delay or invalidate relief.
• If a will surfaces and is probated later, devisees’ title relates back to death and may change shares; address probate early.

Talk to a Partition Action Attorney

If you’re dealing with a disputed co‑ownership and title questions after a family member’s death, 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.