Short Answer

In North Carolina, you generally cannot file a partition if you are not on the deed. Instead, you can file a civil action in superior court to establish a beneficial interest through a purchase‑money resulting trust, constructive trust, or an equitable lien if you can trace your contribution from the prior home’s proceeds to the new home. You can also record a lis pendens to protect your claim while the case is pending and use discovery to obtain the mortgage and title information your ex-partner is withholding.

Understanding the Problem

North Carolina: how can I, as a contributing partner who is not on the deed, claim my share of equity in a house titled only to my ex-partner after we used proceeds from our former jointly funded home as the down payment?

Apply the Law

Under North Carolina law, partition is a special proceeding available to co-owners; if your name is not on the deed, you are not a cotenant and cannot partition. Your route is a civil action in superior court to establish your equitable interest. Courts may impose a purchase‑money resulting trust when one person’s funds buy property titled in another’s name, a constructive trust to prevent unjust enrichment when title was taken inequitably, or an equitable lien to secure repayment where contributions can be traced to the purchase or equity. The case is filed where the property sits, and you may record a lis pendens to give public notice of your claim. Many related claims have short limitation periods, so act promptly.

Key Requirements

• Trace your funds: Show that proceeds from the prior home (or your joint funds) were used for the down payment or purchase price of the titled home.
• No gift intent: Provide facts showing you did not intend your contribution as a gift; for unmarried partners, there’s no automatic gift presumption.
• Equitable remedy fits: Ask the court to impose a resulting trust, constructive trust, or equitable lien matching how and when your money entered the property.
• Proper forum and protection: File in superior court in the county of the property and record a lis pendens to protect against transfer while the lawsuit is pending.
• If title is recognized: Once the court establishes your ownership share, you can then use partition procedures if a sale or buyout is needed.

What the Statutes Say

• N.C. Gen. Stat. § 1-253 (Declaratory judgments) – Allows a court to declare the parties’ rights in property disputes.
• N.C. Gen. Stat. § 1-116 (Lis pendens) – Lets you record notice of the lawsuit affecting real estate to alert buyers and lenders.
• N.C. Gen. Stat. § 1-301.2 (Transfer of special proceedings) – Partition disputes or title/equity issues raised before the clerk are transferred to superior court.

Analysis

Apply the Rule to the Facts: Because only your ex-partner is on the deed, you cannot use partition yet. Your facts support an equitable claim if you can trace the former home’s proceeds into the down payment on the new home and show you did not intend a gift. A resulting or constructive trust (or an equitable lien) can align title or equity with your contribution. Recording a lis pendens and using discovery will help secure proof your ex-partner refuses to share.

Process & Timing

1. Who files: You. Where: Superior Court in the county where the property is located. What: Complaint for declaratory relief and equitable remedies (resulting trust/constructive trust/equitable lien) plus Civil Summons (AOC-CV-100); record a Notice of Lis Pendens. When: File as soon as possible; several related claims can have three-year limits, and some equitable claims may run longer depending on accrual.
2. Seek temporary protection: record lis pendens and consider a motion for a preliminary injunction to prevent transfer; serve discovery and subpoenas (e.g., to the mortgage lender and closing attorney) to obtain closing statements, loan applications, and title records. County timelines vary.
3. Resolution: the court may impose a resulting or constructive trust or an equitable lien and declare your beneficial share. If you become a co-owner of record and can’t agree on a buyout, you may then file a partition special proceeding with the Clerk of Superior Court.

Exceptions & Pitfalls

• If the court finds your contribution was a gift, equitable remedies may be denied.
• Failure to trace funds from the prior sale to the new home’s purchase weakens a resulting trust or equitable lien claim.
• Not recording a lis pendens risks transfer to a good‑faith buyer or new lender, complicating recovery.
• Payments made after closing (e.g., for improvements) may support only partial credits or a lien, not ownership.
• If you do obtain title and pursue partition, title or equitable issues will move the matter from the clerk to superior court.

Talk to a Partition Action Attorney

If you’re dealing with a deed in your ex-partner’s name after you contributed sale proceeds to the new home, 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.