Jan82026
Partition Action Q&A Series

Can the court order the home to be sold even if one co-owner wants to keep living there? – North Carolina

Short Answer

Yes. In North Carolina, a co-owner generally cannot be forced to stay in co-ownership if that co-owner objects, and a partition case can end with the court ordering the property sold. Whether the court orders a sale (instead of physically dividing the land) depends on whether dividing it would cause “substantial injury,” and the co-owner asking for a sale must prove that.

Understanding the Problem

In North Carolina, can a co-owner force a court-ordered sale of a jointly owned home even when another co-owner wants to keep living there? In a partition action, the key decision point is whether the property should be divided into separate pieces (if that can be done fairly) or sold with the proceeds divided. The question usually comes up when former partners or other co-owners remain tied to the same house after a breakup and one co-owner wants an exit.

Apply the Law

North Carolina partition cases are typically handled through the Clerk of Superior Court. The court must choose a method of partition, and it can order an actual division, a sale, or a mixed approach. If a co-owner objects to continuing to hold the property together, the court generally cannot require ongoing co-ownership. If the court orders a sale rather than a physical division, the co-owner requesting the sale must prove that dividing the property would cause “substantial injury” to one or more parties.

Key Requirements

  • Co-ownership interest: The parties must be co-owners (for example, tenants in common or joint owners) of the same real property.
  • Right to partition (exit co-ownership): A co-owner can ask the court to partition the property rather than remain tied to the other co-owner.
  • Sale requires proof of “substantial injury” if divided: To get a court-ordered sale instead of a physical split, the party seeking the sale must prove that an actual division cannot be done without substantial injury, and the court must make specific findings to support that decision.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the home is co-owned with a former partner, the relationship ended about a year ago, and both parties are still living in the property. Those facts fit the common partition scenario: one co-owner wants to end shared ownership and force a resolution. Even if the other co-owner wants to keep living there, North Carolina law does not generally require a co-owner to remain in co-ownership over an objection, and the case can proceed toward a partition remedy, including a sale if the legal standard for a sale is met.

Process & Timing

  1. Who files: The co-owner seeking partition. Where: The Office of the Clerk of Superior Court in the county where the property is located. What: A partition petition/complaint describing the property, the co-owners, and the requested relief (actual partition, sale, or other method). When: There is no single universal “file by” deadline for partition itself, but timing can matter if there are related issues (like foreclosure, separation agreements, or other pending cases).
  2. Decision on method: The court determines the appropriate method of partition. If a sale is requested, the party seeking the sale must present evidence that a physical division would cause substantial injury, and the court must enter findings supporting the decision.
  3. Sale steps if ordered: The court appoints a commissioner to conduct the sale under the judicial sale procedures. For a public sale, the commissioner must mail notice of the sale to the parties at least 20 days before the sale and certify that mailing to the court.

Exceptions & Pitfalls

  • Sale is not automatic: Wanting a sale is not enough by itself. A court-ordered sale (instead of a physical division) requires proof that dividing the property would cause substantial injury under North Carolina’s partition statutes.
  • Evidence problems: Partition disputes often turn on practical proof—how the property could (or could not) be divided, whether a division would reduce value, and whether other adjustments could reduce harm. Weak evidence can lead to a different method than requested.
  • Occupancy and cooperation issues: Continued occupancy can create conflict about access, maintenance, and showings. In practice, parties often need clear ground rules while the case is pending so the sale process (if ordered) can move forward without avoidable delays.

Conclusion

In North Carolina, a partition case can result in a court-ordered sale even if one co-owner wants to keep living in the home. The court chooses the partition method, and a sale (instead of a physical division) requires proof that dividing the property would cause substantial injury, with the burden on the party seeking the sale. The next step is to file a partition petition with the Clerk of Superior Court in the county where the property is located and be prepared to present evidence supporting the requested method.

Talk to a Partition Action Attorney

If a co-owned home needs to be sold and the other co-owner refuses to cooperate or wants to keep living there, our firm has experienced attorneys who can help explain the partition process, the proof needed for a court-ordered sale, and the likely 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.

Category: Partition Action Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.