Dec232025
Partition Action Q&A Series

Can the other co-owner stop me from getting my share by claiming I owe them money for the mortgage, utilities, taxes, or HOA payments? – North Carolina

Short Answer

Usually not. In North Carolina, a co-owner generally cannot block a partition or keep all sale proceeds just by saying the other co-owner “owes” them for expenses. Instead, the court can address those claims inside the partition case by ordering contribution (reimbursement) for certain defined “carrying costs” like mortgage payments, property taxes, and insurance, and then adjusting how proceeds are divided.

Understanding the Problem

In a North Carolina partition dispute between co-owners, the decision point is whether one co-owner can prevent the other co-owner from receiving a share of the property value by asserting a debt for payments like the mortgage, utilities, property taxes, or HOA dues. The issue usually comes up when one co-owner has been living in the home and paying ongoing bills while the other co-owner wants the property sold (or wants a buyout) and expects a share of the net value.

Apply the Law

North Carolina partition cases are handled in court under Chapter 46A. The court can order an actual partition (physical division) or a partition by sale, and it can also resolve certain money issues between co-owners as part of reaching a fair result. A co-owner who paid qualifying “carrying costs” may request contribution (reimbursement) during the partition proceeding, and the court may adjust the final division of property or sale proceeds to account for approved contribution amounts.

Key Requirements

  • Partition moves forward even if money disputes exist: A disagreement about who owes what does not necessarily have to be decided before the court orders partition or a partition sale.
  • Only certain expenses qualify automatically as “carrying costs” in partition: North Carolina law focuses on costs that preserve the property and the co-owners’ interests (commonly property taxes, insurance, necessary repairs, and payments on the purchase loan/mortgage).
  • The paying co-owner must timely ask the court for contribution and prove amounts: The court typically expects documentation and a clear request made during the partition case so the judge can decide what, if anything, should be credited or reimbursed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, one co-owner has lived in the home, paid the mortgage and other expenses, and refused to cooperate with listing or a buyout. Under North Carolina’s partition framework, a claim for reimbursement does not usually stop the non-occupying co-owner from pursuing partition and receiving a share of the net value. Instead, the paying co-owner typically must raise a contribution claim in the partition case and back it up with records, and the court can adjust the split to reflect approved carrying costs.

Process & Timing

  1. Who files: Any co-owner seeking to divide the property. Where: The Clerk of Superior Court in the county where the real property is located (North Carolina). What: A partition petition/complaint requesting actual partition or partition by sale, with the deed and ownership interests identified. When: After co-ownership exists and a co-owner wants division; in many cases, timing matters because contribution claims are handled inside the partition case.
  2. How expense claims get raised: The co-owner who paid qualifying costs should file an application/motion in the partition proceeding asking for contribution and attach supporting proof (loan statements, tax receipts, insurance bills, repair invoices, and proof of payment). In a partition sale, the statute allows this request to be asserted during the partition proceeding.
  3. How the court accounts for the money: If the court approves contribution (and any other adjustments allowed in the case), it can credit the paying co-owner or otherwise adjust the amounts each co-owner receives when the property is divided or sale proceeds are distributed.

Exceptions & Pitfalls

  • Utilities and HOA dues may not be treated the same as taxes/mortgage: North Carolina’s partition “carrying costs” statute expressly includes items like property taxes, insurance, repairs, and purchase-loan payments. Some expenses (like utilities tied to one co-owner’s day-to-day living) may be disputed as not preserving the co-owners’ shared property interest in the same way, so documentation and the reason for the charge matter.
  • Occupancy can affect reimbursements in some situations: North Carolina law can limit certain reimbursement rights when the paying co-owner had exclusive possession during the period of payment (this issue often arises with repairs or interest on an existing encumbrance). These facts can change how much, if anything, gets credited.
  • Informal spreadsheets are not enough: Courts tend to focus on proof of payment and whether the expense fits the legal category. Missing bank records, unclear time periods, or mixing personal expenses with property-preservation expenses can reduce or defeat a contribution request.
  • Do not delay filing if taxes are a major issue: Because the property-tax lookback is limited in the partition proceeding, waiting too long can reduce the amount a paying co-owner can recover through contribution in that case.

Conclusion

In North Carolina, a co-owner generally cannot stop another co-owner from getting a share of property value in a partition just by claiming reimbursement for expenses. Those claims usually get handled inside the partition case through a contribution request for qualifying carrying costs like mortgage payments, property taxes, insurance, and certain repairs, and the court can adjust the final split. A key threshold is the 10-year lookback on property-tax contribution in the partition proceeding. Next step: file a partition petition with the Clerk of Superior Court where the property is located.

Talk to a Partition Action Attorney

If a co-owner is refusing to sell, blocking a buyout, or threatening to withhold proceeds based on mortgage, tax, HOA, or other payment claims, an attorney can help explain how North Carolina partition courts handle contribution and what documentation matters. Call 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.