Jan82026
Partition Action Q&A Series

How can I force the sale of a house I co-own if the other owner refuses to sign the listing agreement? – North Carolina

Short Answer

In North Carolina, a co-owner who cannot get the other owner to cooperate with listing the home can usually ask the court to order a partition sale. A partition case is a special proceeding where the court can appoint a commissioner to sell the property, so the sale can move forward without both owners signing a private listing agreement. The key issue is whether the court orders an actual division of the property or a sale, and a sale generally requires proof that dividing the property would cause “substantial injury.”

Understanding the Problem

In North Carolina, can a co-owner of a home force a sale when the other co-owner refuses to sign a listing agreement or otherwise cooperate with selling? The decision point is whether a court-ordered partition sale is available to end the co-ownership when the parties cannot agree on a voluntary sale. This typically comes up after a breakup or separation where both names remain on the deed and both parties still have possession or access to the property.

Apply the Law

North Carolina treats partition as a court-supervised process to end co-ownership. A partition case is filed as a special proceeding, and the court can order one of several outcomes, including an actual division of the land (if practical) or a partition sale with the proceeds divided among the co-owners after approved costs and adjustments. If a sale is requested, the party asking for a sale must generally prove that physically dividing the property would cause “substantial injury,” and the court must make specific findings to support ordering a sale.

Key Requirements

  • Co-ownership interest: The petitioner must have an ownership interest in the property (for example, as tenants in common or joint tenants) that supports the right to seek partition.
  • Proper method of partition: The court must choose a method (actual partition, partition sale, or a combination) and cannot force a co-owner to remain in cotenancy over that co-owner’s objection.
  • Basis for a sale (when requested): To get a court-ordered sale instead of a physical division, the petitioner generally must show that an actual partition cannot be done without substantial injury to at least one party, considering value and practical impacts.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, one co-owner wants to sell a jointly owned home, but the former partner refuses to sign a listing agreement. That refusal does not prevent a court-ordered partition sale in North Carolina, because the sale can be conducted through a court-appointed commissioner rather than a private listing contract. The main legal hurdle is showing that physically dividing a single residence would cause “substantial injury,” which is often a practical reality for a typical house on a typical lot.

Process & Timing

  1. Who files: Any co-owner seeking to end the co-ownership. Where: The Clerk of Superior Court in the county where the property is located (partition is a special proceeding). What: A partition petition identifying the property, the co-owners, and the requested method (often a partition sale). When: There is no single universal “file by” date for partition, but timing matters if there are related disputes (like who pays the mortgage, occupancy, or reimbursement claims) that should be raised in the case.
  2. Decision on method: The court determines whether to order actual partition or a sale. If a sale is requested, the petitioner typically presents evidence about why a physical split is not workable and why a sale is needed to avoid substantial injury.
  3. Sale and distribution: If the court orders a partition sale, a commissioner conducts the sale under court supervision, reports back to the court, and the proceeds are distributed according to the parties’ ownership interests after court-approved costs and any adjustments the court allows.

Exceptions & Pitfalls

  • Sale is not automatic: A co-owner can request a sale, but North Carolina generally requires proof that an actual partition would cause substantial injury, and the court must make findings supporting that decision.
  • Title and party problems slow cases down: Missing parties, disputed ownership shares, or unclear deed history can delay the process. North Carolina law can allow the case to move toward partition even if some title disputes remain, but those disputes still have to be addressed.
  • Occupancy and expense disputes: When both parties live in the home (or one moves out), disagreements often arise about mortgage payments, repairs, taxes, insurance, and credits. If those issues are not raised and documented correctly, a co-owner may lose leverage when proceeds are divided.
  • Access and cooperation issues: Refusing to sign a listing agreement is common, but other noncooperation (like blocking showings, appraisals, or inspections) can create practical delays. A court-run sale process can reduce reliance on voluntary cooperation, but it still requires following court instructions and sale procedures.

Conclusion

In North Carolina, when a co-owner refuses to sign a listing agreement, the usual way to force a sale is a partition action asking the court to order a partition sale. The court must choose a method of partition, and a sale generally requires proof that physically dividing the property would cause substantial injury. The next step is to file a partition petition with the Clerk of Superior Court in the county where the property is located and request a sale if an actual division is not workable.

Talk to a Partition Action Attorney

If a co-owner refuses to sign a listing agreement and the goal is to force a sale through a North Carolina partition action, our firm has experienced attorneys who can help explain the process, evidence needed for a sale, and 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.