Short Answer

In North Carolina, a person becomes a co-owner by deed or by inheriting, not by making a loan. To defeat a relative’s claim of co-ownership based on an alleged renovation loan, gather the chain of title and probate records proving who owns the property and the absence of any deed, recorded lien, or written agreement granting them an interest. Be ready to address equitable theories (like a constructive or resulting trust), which require strong proof; at most, an improver might claim credits—not title—in a partition case.

Understanding the Problem

In North Carolina, you want to file a partition action because you inherited a house, but two relatives still live there, won’t let you in, and now say they co-own the property because they “loaned” money for renovations without any writing. The key decision is whether they can show a real ownership interest that can block partition or your possession.

Apply the Law

Under North Carolina law, cotenancy arises from a deed or by inheritance. Title to a decedent’s real property vests in heirs or devisees at death; a loan does not create title. Any transfer of an interest in land must be in writing. Relatives who assert ownership from a loan (without a deed) must instead prove an equitable theory, such as a constructive or resulting trust, with clear, cogent, and convincing evidence. Partition is filed where the land lies, typically before the Clerk of Superior Court; if title is truly disputed or equitable relief is sought, the matter can move to Superior Court for trial. If in-kind division is not practical, the remedy is usually a judicial sale, followed by distribution of proceeds and orders to deliver possession.

Key Requirements

• Prove your cotenancy: Record chain of title and probate documents showing you (and any other heirs/devisees) as owners.
• Disprove their title: Show there is no deed, recorded lien, or written instrument granting your relatives an ownership interest.
• Address equitable claims: Anticipate and rebut any constructive/resulting trust theories; these require strong, specific proof of intent to convey an interest.
• Improvements and credits: Renovation payments, if proven, may support a credit or lien claim in accounting—not ownership.
• Ouster and rents: Evidence that you were refused entry can support an accounting for fair rental value and favor a sale rather than in-kind division.
• Forum and transfer: File with the Clerk of Superior Court in the county where the land is located; disputed title or equity issues can be transferred to Superior Court.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-2 (Title to property on death) – Real property vests in heirs or devisees at death.
• North Carolina Gen. Stat. § 22-2 (Statute of Frauds for land) – Transfers of interests in land generally must be in writing.
• North Carolina Gen. Stat. ch. 46A (Partition) – Procedures for partition in kind or by sale, including heirs’ property provisions.
• North Carolina Gen. Stat. § 1-301.2 (Transfer to Superior Court) – Special proceedings with disputed facts/equitable issues can be transferred for trial.

Analysis

Apply the Rule to the Facts: As an heir, you hold title unless a deed or will says otherwise. Your relatives’ “loan” does not create co-ownership without a written instrument. If they claim an equitable trust, they must prove a clear intent by your parent to give them ownership, which is a high bar; your title records and lack of any deed undercut that claim. Their refusal to let you in supports an ouster argument and an accounting in a partition-by-sale.

Process & Timing

1. Who files: A cotenant (you). Where: Clerk of Superior Court in the North Carolina county where the property sits. What: Verified petition for partition under Chapter 46A identifying all owners and anyone claiming an interest, attaching the recorded deed(s) and probate/heirship proof. When: No hard deadline, but file promptly to preserve possession and accounting claims.
2. The clerk determines whether cotenancy exists. If your relatives dispute title or claim equitable ownership, expect transfer to Superior Court for discovery and a hearing or trial. If the property cannot be fairly divided, the court commonly orders a judicial sale with upset bids; timelines vary by county.
3. After confirmation of sale, the deed issues to the purchaser and the court can order delivery of possession. The court also handles accounting for rents, profits, taxes, and any proven improvements via credits from sale proceeds.

Exceptions & Pitfalls

• If a valid deed or recorded instrument surfaces naming your relatives, they may be true co-owners.
• Constructive/resulting trust claims require clear, cogent, and convincing evidence of an intent to convey an interest—mere repayment expectations are not enough.
• Join every heir/devisee and any adverse claimant; missing a necessary party can jeopardize the order as to that person.
• Renovation spending may yield only credits at accounting, not title; gather permits, invoices, and valuation evidence.
• Do not use summary ejectment to remove alleged co-owners; resolve title in the partition case and seek orders for possession there.

Talk to a Partition Action Attorney

If you’re dealing with relatives claiming ownership from an alleged loan and blocking access or sale, 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.