Short Answer

In North Carolina, a co-owner can file a partition action to force a sale or buyout when co-owners cannot agree. Removing a third-party occupant installed by one co-owner without a lease usually is not a landlord-tenant “summary ejectment” case; courts address possession within the partition proceeding or through a separate ejectment action. Plan to seek a sale (or heirs’ property buyout steps, if applicable) and interim orders for possession or rent accounting.

Understanding the Problem

You and your siblings co-own a North Carolina home inherited after probate. One sibling moved a parent-in-law into the house with no lease or rent, and the occupant will not leave. The co-owners cannot agree on selling or a buyout, and one sibling refuses to cooperate. Can you remove the occupant and move forward with a sale under North Carolina partition law?

Apply the Law

Under North Carolina law, any tenant in common may start a partition special proceeding in the county where the property lies. The Clerk of Superior Court oversees whether to divide in kind or, if that is impractical or would prejudice the parties, to order a sale and divide proceeds. If the property qualifies as “heirs property,” additional steps apply (like appraisal and a co-tenant buyout opportunity) before a sale. Summary ejectment is limited to landlord-tenant disputes; an unauthorized occupant placed by a co-owner without a lease is typically addressed through the partition case (with interim orders for possession or rent accounting) or a separate ejectment action in superior court if immediate removal is needed.

Key Requirements

• Right to partition: Any co-owner may petition for partition; agreement from other owners is not required.
• Forum and venue: File a special proceeding before the Clerk of Superior Court in the county where the property is located.
• Sale vs. in-kind: If physical division is impractical or prejudicial, the Clerk may order a sale with proceeds divided after adjustments.
• Heirs’ property safeguards: If the home is heirs’ property, the court must follow buyout and appraisal steps before ordering a sale.
• Occupant removal: Without a lease, summary ejectment usually does not apply; seek relief on possession in the partition case or file a separate ejectment action if urgent removal is necessary.
• Accounting: Courts can account for fair rental value, rents received, taxes, insurance, and necessary repairs among co-owners.

What the Statutes Say

• North Carolina Gen. Stat., Chapter 46A (Partition) – Governs partition proceedings, including division in kind, sale, commissioners, and accounting.
• North Carolina Gen. Stat. § 42-26 (Summary ejectment) – Provides eviction remedies when a landlord-tenant relationship exists.
• North Carolina Gen. Stat., Chapter 1, Article 29A (Judicial Sales) – Sets procedures for court-ordered real estate sales, including upset bids and confirmation.
• North Carolina Gen. Stat. § 28A-13-3 (PR possession and ejectment authority) – Allows personal representatives to seek possession or removal of occupants during estate administration (context for why partition is needed after probate).

Analysis

Apply the Rule to the Facts: As co-owners, you can file a partition proceeding in the county where the home sits. Because the occupant has no lease with the ownership group, summary ejectment likely does not apply; the court can address possession as part of the partition or you can file a separate ejectment if immediate removal is necessary. Expect the Clerk to consider in-kind division versus sale; for a single residence, sale is common. If the home is heirs’ property, the court must follow appraisal and buyout procedures before any sale.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court in the county where the property is located. What: Verified petition for partition (seek sale if division is impractical) and requests for interim relief (possession, rent accounting, or receiver if needed). When: File anytime; there is no typical statute of limitations for partition, but sale procedures include strict upset-bid timelines.
2. After service, the Clerk holds a hearing to decide in-kind vs. sale. If heirs’ property rules apply, the court orders appraisal and provides a co-tenant buyout window. If a sale is ordered, the court appoints a commissioner or follows judicial sale procedures. Interim orders can address possession, rents, and preservation of the property.
3. Following the sale, there is a statutory upset-bid period. After confirmation, the commissioner delivers a deed; the sheriff can assist with delivering possession to the purchaser if needed. The court then disburses net proceeds after accounting for allowed costs, owelty, and adjustments for rents and expenses.

Exceptions & Pitfalls

• If the occupant has a bona fide lease signed by all owners or the personal representative during administration, summary ejectment may be required and the lease terms can affect timing.
• Do not use self-help to remove the occupant. Seek a court order for possession or file a proper ejectment action if urgent removal is necessary.
• Heirs’ property rules can add appraisal and buyout steps that change timing and the type of sale (often open-market). Plan for these steps early.
• Keep records of taxes, insurance, repairs, and any rent collected; the court may adjust shares for rents and necessary expenses.

Talk to a Partition Action Attorney

If you’re dealing with a co-owned home, an unauthorized occupant, and disagreement over sale or buyout, 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.