Short Answer

In North Carolina, you can get recorded title and deed of trust documents directly from the county Register of Deeds without your ex’s cooperation. If you contributed money but are not on the deed, you typically must file a civil action in Superior Court to establish your ownership (through declaratory judgment and equitable remedies) and use subpoenas to obtain mortgage records. Once a court recognizes your interest, you may pursue a partition proceeding.

Understanding the Problem

In North Carolina, how can you, as a financially contributing co-purchaser who is not on the deed, get the mortgage and title information you need and protect your interest in a home titled only to your ex-partner? Here, you helped fund the down payment, but your ex alone holds title and refuses to share documents.

Apply the Law

Under North Carolina law, partition is generally available only to co-owners. If your name is not on the deed, you must first establish a legal or equitable ownership interest before seeking partition. That typically happens in a civil action in Superior Court, where you can ask the court to declare your rights and impose equitable remedies (like a constructive trust or equitable lien) based on your financial contributions. Title instruments (deeds and deeds of trust) are public records at the Register of Deeds; mortgage account details are obtainable through discovery (e.g., subpoenas) once a lawsuit is filed. If the relief you need involves equitable issues tied to title, the matter belongs in Superior Court; a later partition (if needed) proceeds before the Clerk of Superior Court once co-ownership is established.

Key Requirements

• Ownership dispute belongs in Superior Court: If you are not on the deed, file a civil action to establish your interest before any partition can occur.
• Public records first: Obtain the deed and any recorded deed of trust from the county Register of Deeds.
• Equitable remedies: Seek a declaratory judgment recognizing your interest and ask for a constructive trust or equitable lien based on your financial contributions.
• Discovery tools: Use subpoenas to the lender and closing attorney to obtain mortgage statements, the promissory note, closing disclosures, and settlement documents.
• Protect the property: When you file suit affecting title, record a notice (lis pendens) to alert buyers and lenders that the property is in litigation.
• Partition later: If the court recognizes your ownership, pursue a partition proceeding before the Clerk of Superior Court if you and your ex cannot agree on sale or division.

What the Statutes Say

• North Carolina Gen. Stat. § 1-253 (Declaratory judgments) – Lets courts declare parties’ rights and legal relations.
• North Carolina Gen. Stat. § 1-254 (Construction of instruments; scope) – Allows declarations on contracts, deeds, and other written instruments.
• North Carolina Gen. Stat. § 1-301.2 (Transfers from Clerk to Superior Court) – Requires transfer to Superior Court when equitable issues or factual disputes in special proceedings arise.
• North Carolina R. Civ. P. 45 (Subpoenas) – Authorizes subpoenas for records from lenders, closing attorneys, and others.

Analysis

Apply the Rule to the Facts: You helped fund the down payment but are not on the deed. That means you cannot start with a partition case. First, file a civil action in Superior Court seeking a declaratory judgment of your ownership and equitable relief (constructive trust or equitable lien). Record title and deed of trust copies come from the Register of Deeds; use subpoenas in the case to obtain mortgage and closing documents your ex or the lender won’t provide. If the court recognizes your interest, you can then pursue partition before the Clerk.

Process & Timing

1. Who files: You (plaintiff). Where: Superior Court in the county where the property is located. What: Complaint for declaratory judgment and equitable relief (constructive trust/equitable lien), plus a recorded notice of lis pendens. When: File as soon as possible; some related claims can have short limitation periods.
2. Discovery: After filing, serve subpoenas (Rule 45) on the mortgage lender and closing attorney to obtain the note, deed of trust, loan application, closing disclosures/settlement statement, and title documents. Obtain recorded deed and deed of trust from the Register of Deeds. Timing varies by county and response deadlines.
3. Decision & next step: If the court declares you have an ownership interest, initiate a partition special proceeding before the Clerk of Superior Court. Expect appointment of commissioners or, if division is impractical, a court-ordered sale with proceeds divided according to the interests found.

Exceptions & Pitfalls

• No deeded interest: Without a recognized ownership interest, a partition case will be dismissed; establish your interest first.
• Skipping lis pendens: Not recording lis pendens risks transfers to third parties during your lawsuit.
• Service and discovery missteps: Use proper service and Rule 45 compliance to avoid quashed subpoenas or delays.
• County variation: Procedures and timelines can vary by county; check local practice and scheduling.

Talk to a Partition Action Attorney

If you’re dealing with a title dispute where you contributed funds but aren’t on the deed and can’t get documents, 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.