Probate Q&A Series

Detailed Answer

In North Carolina, co-owners of real property share an equal right to possession. That means you cannot unilaterally lock out a fellow owner without facing possible criminal or civil consequences. Under North Carolina law, breaking and entering is defined in N.C. Gen. Stat. § 14-54. If you change the locks and prevent another owner from entering, the act may qualify as breaking and entering or criminal trespass, even if you hold title as well.

When you replace locks without consent, you risk accusations of misdemeanor trespass under N.C. Gen. Stat. § 14-159.13 and breaking and entering under N.C. Gen. Stat. § 14-54. Criminal charges can arise if you use force, break barriers, or lock out a co-owner. Courts view co-owners as having a right to access, so any exclusion must follow due process.

The safest route is to negotiate an agreement or seek a court-ordered partition. A partition action (see N.C. Gen. Stat. § 46-1 at ncleg.gov/GS_46-1) lets a judge decide how to divide or sell the property. Alternatively, a written agreement signed by all owners can outline lock-changing procedures, key distribution, and access rights.

Before you change any locks, get clear authorization. Written consent from all co-owners protects you from criminal exposure and civil liability. When in doubt, consult an attorney who knows North Carolina’s probate and real property rules.

Key Points to Consider

  • Equal Right of Possession: Every co-owner may enter and use the property.
  • Breaking and Entering Statute: N.C. Gen. Stat. § 14-54 prohibits unauthorized entry.
  • Criminal Trespass: N.C. Gen. Stat. § 14-159.13 covers entry without consent.
  • Partition Action: File under N.C. Gen. Stat. § 46-1 to divide or sell the property.
  • Written Agreement: Secure consent from all co-owners before changing locks.

Changing locks on a shared property is more than replacing hardware. It affects legal rights and can trigger criminal charges. If you face a dispute over access or ownership, act promptly and wisely.

At Pierce Law Group, our attorneys guide you through co-ownership challenges. We explain your rights, review your options, and help you avoid criminal or civil exposure. Contact us today by email at intake@piercelaw.com or call (919) 341-7055 to discuss your case and protect your interests.