What kind of written agreement can co-owners use to limit who is allowed to stay in the house? – North Carolina

Short Answer

In North Carolina, co-owners commonly use a written co-ownership agreement (sometimes called a cotenancy agreement or occupancy agreement) to set clear rules about who may live in the home, whether guests are allowed, and what happens if those rules are broken. The agreement works best when it is signed by all owners and includes enforcement tools like notice requirements, reimbursement for damage, and a plan for resolving disputes. If a co-owner will not agree and third parties are creating safety or damage concerns, a court-based option like a partition case may be the next step.

Understanding the Problem

In North Carolina, when a person co-owns a house with a parent, can the co-owners use a written agreement to control whether friends, romantic partners, or other third parties are allowed to stay in the home? If one co-owner keeps allowing third parties to stay overnight or move in, what kind of written agreement can set boundaries about occupancy and protect the property?

Apply the Law

North Carolina law generally treats co-owners (cotenants) as having shared rights to possess and use the whole property, meaning one co-owner usually cannot unilaterally set house rules that legally bind the other co-owner. A written co-ownership (cotenancy) agreement is the practical way to create enforceable, mutually agreed rules about occupancy, guests, keys, security, repairs, and cost-sharing. If a co-owner’s conduct crosses into excluding the other co-owner from possession (an “ouster”), North Carolina provides specific remedies, and disputes over continued co-ownership can also be addressed through a partition proceeding in court.

Key Requirements

All co-owners must agree: The agreement should be signed by every person on title; otherwise, it may not bind the non-signing owner.
Clear occupancy rules and consequences: The agreement should define who may live there, guest limits, move-in approvals, and what happens after a violation (notice, cure period, reimbursement, and dispute resolution).
Enforcement and exit plan: The agreement should include practical enforcement tools (documentation, access/keys, insurance cooperation) and a path to end the arrangement (buyout terms, listing the home, or partition if no agreement is possible).

What the Statutes Say

N.C. Gen. Stat. § 41-83 (Possession of property held as cotenants) – Each cotenant has a right to occupy and use the property, subject to the other cotenant’s rights.
N.C. Gen. Stat. § 41-88 (Actual ouster; action to compel admission) – If a cotenant is actually ousted, the ousted cotenant may sue to be admitted back into possession (outside of partition).
N.C. Gen. Stat. § 41-94 (Action by a cotenant against a third party) – A cotenant may seek recovery of possession from a third party claiming adversely, for the benefit of all cotenants.
N.C. Gen. Stat. § 46A-26 (Methods of partition) – In a partition proceeding, the court may order partition in kind, a partition sale, or other partition methods allowed by statute.

Analysis

Apply the Rule to the Facts: Here, the home is co-owned with a parent, and the parent has allowed third parties to stay in the home, with reported property damage and safety concerns. Because North Carolina generally gives each co-owner a right to occupy and use the home, a written co-ownership/occupancy agreement is the most direct way to set mutually binding limits on third-party stays. If the parent will not sign an agreement (or repeatedly ignores it), the practical “enforcement” may shift from house rules to legal remedies that address continued co-ownership, including partition.

Process & Timing

Who signs: All owners on the deed. Where: Privately (not a court filing) unless the agreement is later used in court. What: A written co-ownership (cotenancy) agreement that includes occupancy and guest rules, access/keys, repair and damage responsibility, and dispute resolution. When: Ideally before any further third-party stays; if safety is an issue, it should be addressed immediately.
Put enforcement in writing: Build in a notice-and-cure process (for example, written notice of a violation and a short deadline to remove an unauthorized occupant), documentation rules (photos, repair estimates), and reimbursement terms for damage beyond ordinary wear and tear.
If agreement fails: Consider next-step legal options. Depending on the facts, that may include a partition proceeding to end the co-ownership arrangement, or other civil actions tied to possession or third-party conduct.

Exceptions & Pitfalls

One co-owner cannot usually “ban” guests alone: Because each cotenant has a right to use the property, a unilateral rule may not be enforceable against the other owner without a signed agreement or court order.
Vague terms create loopholes: Agreements should define “occupant,” “guest,” and “overnight stay,” and should address keys, access codes, and how long a guest may stay before written approval is required.
No plan for violations: An agreement without consequences often fails. Practical terms include written notice, a cure deadline, reimbursement for damage, and a dispute-resolution step before litigation.
Confusing co-owner rights with landlord-tenant rules: If no lease exists, the situation may not fit standard eviction procedures. The right tool depends on whether the third party is merely a guest, claims a right to stay, or is excluding an owner from possession.

Conclusion

In North Carolina, co-owners can use a written co-ownership (cotenancy) agreement—often drafted as an occupancy and guest policy—to limit who is allowed to stay in the house, set clear boundaries, and assign responsibility for damage and security. Because each co-owner generally has a right to possess and use the property, the agreement should be signed by all owners and should include a clear enforcement process. The most important next step is to put the rules in a signed writing and, if cooperation is not possible, evaluate whether a partition filing is needed to end the co-ownership.

Talk to a Partition Action Attorney

If co-owners cannot agree on who is allowed to stay in the home and third-party occupancy is causing damage or safety concerns, a partition case may be the cleanest way to protect the property and move forward. Our firm has experienced attorneys who can help explain options, draft workable agreements, and evaluate 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.