Jan12026
Partition Action Q&A Series

How do I get bought out of a house I co-own with a parent if they say they can only pay a small amount? – North Carolina

Short Answer

In North Carolina, a co-owner generally cannot be forced to accept a low buyout just because the other co-owner cannot refinance or pay more. If the co-owners cannot agree on a voluntary buyout, the main legal tool is a partition case in Superior Court, which can result in the property being divided or (more commonly for a single house) sold and the net proceeds split. In the partition case, the court can also address how documented contributions should be handled when dividing the proceeds.

Understanding the Problem

In North Carolina, when a person co-owns a house with a parent and the parent says a buyout can only happen for a small amount, the decision point is whether the co-owner can require an exit from the shared ownership without agreeing to a discounted buyout. The core issue is how a co-owner can convert an “undivided” ownership share into money or a clean separation when the other co-owner will not (or cannot) pay a fair amount. The question also commonly comes up when one co-owner has paid more than the other toward the property and wants that contribution recognized when the co-ownership ends.

Apply the Law

North Carolina handles forced exits from co-ownership through a partition proceeding, which is filed in the Superior Court in the county where the real estate is located. In a partition case, the court must choose a method of partition and cannot require a co-owner to stay in co-ownership over an objection. For a single-family home, an “actual partition” (physically dividing the land) often does not work, so the court may order a partition sale if the party asking for a sale proves that dividing the property would cause “substantial injury.” If there are disputes about who owns what share, the court can still move forward with partition and sort out those disputes later.

Key Requirements

  • Co-ownership exists: The parties must be co-owners (for example, tenants in common or joint tenants) of the same real property.
  • No agreement on a voluntary buyout: A partition case usually becomes necessary when the co-owners cannot agree on price, timing, or terms for one co-owner to buy the other out.
  • Proper partition method (often sale): The court must select a partition method, and a sale requires proof that an actual division cannot be done without substantial injury to one or more parties.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the co-ownership with a parent and the inability to agree on a meaningful buyout fits the common reason partition cases get filed. If the parent truly cannot pay more, North Carolina law does not require acceptance of a low number; instead, the law provides a court process to end the co-ownership through partition, often by sale for a single house. The significant out-of-pocket contributions matter because they can affect how the net proceeds should be divided, especially when there is documentation showing who paid what and why.

Process & Timing

  1. Who files: Any co-owner. Where: Superior Court in the county where the property is located in North Carolina. What: A partition petition describing the property, the co-owners, and the requested method (actual partition or sale). When: There is no single universal “must file by” deadline to start a partition case, but timing matters if the situation is escalating (for example, property damage risk or rapid changes in occupancy).
  2. Method decision: The court determines the partition method under the statute. If a sale is requested, the party seeking sale must prove substantial injury from an actual partition, and the court must make specific findings supporting a sale order.
  3. Sale and distribution: If the court orders a sale, the property is sold and the court supervises distribution of net proceeds to the co-owners based on their interests and any adjustments the court recognizes in the case.

Exceptions & Pitfalls

  • “Small buyout” pressure is not a legal requirement: A co-owner’s limited borrowing ability does not automatically set the buyout price; without agreement, the alternative is partition and (often) sale.
  • Documentation gaps can reduce leverage: Partial records of payments can still help, but unclear proof (cash payments, informal reimbursements, mixed personal/property expenses) can create disputes about what should be credited in the final division.
  • Title disputes do not always stop the case: If the parent disputes the co-owner’s share or claims a different ownership interest, the court may still proceed with partition and address the dispute later under the statute.
  • Occupancy and safety concerns need separate planning: A partition case ends co-ownership, but it may not quickly resolve day-to-day occupancy problems. In practice, attorneys often pair partition strategy with steps to preserve the property and create a record of conditions and access issues.

Conclusion

In North Carolina, a co-owner generally does not have to accept a low buyout offer just because the other co-owner cannot pay more. When a voluntary buyout is not possible, the legal path is a partition case in the Superior Court where the property sits, and the court must choose a partition method and may order a sale if actual division would cause substantial injury. The most important next step is to file a partition petition in the correct county’s Superior Court to start the process of ending the co-ownership.

Talk to a Partition Action Attorney

If a co-owned home with a parent cannot be resolved through a fair buyout because the other co-owner says only a small amount is possible, an attorney can help explain partition options, likely outcomes, and the records needed to support a fair division. 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: 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.