Short Answer

In North Carolina, you generally file a partition proceeding to force a division or sale of jointly owned real estate. But you can only do that if you are an owner on title. If your spouse is the only person on the deed, you must first establish your ownership interest (for example, through equitable distribution in District Court or a title claim). Once ownership is established, you can seek partition, accounting, and—if needed—a court-ordered sale with proceeds divided.

Understanding the Problem

You want to know if you can sue in North Carolina to get your share of the equity in a marital home. You were removed from the house by your spouse, and the deed lists only your spouse even though the property was purchased during the marriage. You’re considering adding your name to the deed, regaining occupancy, or forcing a sale.

Apply the Law

North Carolina handles forced divisions of real estate through a partition special proceeding. The Clerk of Superior Court starts the case, but if title is disputed or equitable claims are raised, it moves to a Superior Court judge. Partition requires that you already be a co-owner; it cannot create ownership. If actual division of the land is impractical or would harm owners’ interests, the court may order a sale instead, then divide net proceeds and make accounting adjustments among owners.

Key Requirements

• Cotenancy needed: You must be an owner of record (tenant in common or joint tenant). Partition does not add your name to the deed.
• Forum and venue: File in the Clerk of Superior Court as a special proceeding in the county where the property lies.
• Title disputes transfer: If someone contests who owns the land or raises equitable defenses, the clerk transfers the case to Superior Court for a judge to decide.
• In‑kind first, sale if needed: The court prefers physical division; if that would cause substantial injury, the court can order a sale and divide proceeds.
• Accounting and credits: Courts commonly adjust shares for taxes, insurance, mortgage payments, necessary repairs, and improvements that increased value.
• Occupancy is separate: Partition determines ownership and division; it does not restore possession. Possession issues are handled in other family or civil filings.

What the Statutes Say

• North Carolina Partition statutes (Chapter 46A) – Procedures for partition in kind and sale, commissioners, and distribution.
• G.S. 1-301.2 (Transfer of special proceedings) – Requires transfer to Superior Court when title or equitable issues are raised.
• Judicial sales (Article 29A) – Governs court-ordered real estate sales and upset bids.
• G.S. 50-20 (Equitable distribution) – Lets a spouse establish marital ownership in property titled in the other spouse’s name.

Analysis

Apply the Rule to the Facts: Because the deed lists only your spouse, you are not yet a record co-owner, so you cannot start partition today. Your first step is to establish an ownership interest—most commonly through an equitable distribution claim in District Court as part of the marital property division, or via a title/equity claim in Superior Court. If the court recognizes your interest, you may then file (or continue) a partition case to divide or sell, with accounting adjustments for payments and improvements.

Process & Timing

1. Who files: A co-owner. If you’re not on title, first file to establish your interest (often equitable distribution). Where: Partition starts with the Clerk of Superior Court in the county where the land is located. What: A verified petition for partition; use AOC-SP-100, Special Proceedings Summons for service. When: Respondents generally have 10 days after service to answer in special proceedings.
2. If title is disputed or equitable defenses are raised, the clerk transfers the case to a Superior Court judge. The court may appoint disinterested commissioners to attempt an in‑kind division; if that would substantially injure an owner, the court may order a judicial sale under Article 29A.
3. After a sale, the commissioner files a report, any upset bid period runs under Article 29A, the sale is confirmed, and net proceeds are distributed with any credits or charges among the owners.

Exceptions & Pitfalls

• Not on the deed: Partition won’t add your name to the title; establish your interest first through equitable distribution or a title claim.
• Transfer delays: Any dispute about ownership or equitable defenses will move the case from the clerk to a judge, which changes timing and procedure.
• Notice and service: Use proper Rule 4 service with the Special Proceedings Summons; missing an owner or lienholder can slow or cloud the result.
• Credits and setoffs: Keep records of mortgage, taxes, insurance, repairs, and improvements; these often affect the final distribution.
• Possession vs. ownership: Partition addresses ownership and division, not immediate occupancy. Seek separate relief if you need possession.

Talk to a Partition Action Attorney

If you’re dealing with a marital home titled only in your spouse’s name and want your share of equity, 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.