Short Answer

In North Carolina, a forged deed is void and transfers no title. To remove a fraudulently added co-owner and stop a partition sale, promptly file a quiet title action in Superior Court, record a lis pendens, and seek an injunction to halt the sale. In the pending partition special proceeding, ask the Clerk of Superior Court to transfer the matter to Superior Court because title is in dispute. Join the forged grantee and any lender connected to the forged loan documents.

Understanding the Problem

You need to know whether, in North Carolina, you can remove a relative who was added to your deed through forgery and stop their partition sale. You are the grantee on a joint tenancy with right of survivorship deed from your grandparent, and the relative already filed a partition special proceeding with the Clerk of Superior Court.

Apply the Law

North Carolina treats a forged deed as a legal nullity; it conveys no interest to the forger or anyone claiming under it. Partition cases start as special proceedings before the Clerk of Superior Court, but when ownership (title) is genuinely disputed or equitable relief is needed, the matter goes to the Superior Court. The proper vehicle to clear a forged instrument from the chain of title is a quiet title action filed in Superior Court. To protect the property while that lawsuit is pending, record a lis pendens and seek a temporary restraining order or preliminary injunction to halt any partition sale. Quiet title requires joining all adverse claimants so the court can enter a judgment that binds everyone with a claimed interest.

Key Requirements

• Void instrument: Show the instrument adding the co-owner was forged or otherwise void so it never transferred an interest.
• Proper forum: File a quiet title action in Superior Court and ask to cancel the forged deed and any forged deed of trust.
• Protect the status quo: Record a lis pendens and seek an injunction to pause any partition sale until title is decided.
• Transfer the partition: In the clerk’s partition case, move to transfer to Superior Court because title is in controversy and equitable relief is needed.
• Necessary parties: Join the forged grantee, any spouse with potential marital interest, and any lender or trustee on a deed of trust tied to the forgery.
• Carrying costs: Claim contribution/accounting among co-owners for taxes, insurance, interest, and necessary repairs in the partition matter.

What the Statutes Say

• North Carolina Gen. Stat. § 41-10 (Quiet title) – permits a civil action to determine adverse claims to real property.
• North Carolina Gen. Stat. § 1-301.2 (Transfer of special proceedings) – requires the clerk to transfer when issues of fact, equitable defenses, or equitable relief are raised.
• North Carolina Gen. Stat. § 1-116 (Lis pendens) – allows notice of pending real property litigation to be recorded.
• North Carolina Gen. Stat. § 1A-1, Rule 65 (Injunctions) – authorizes temporary restraining orders and preliminary injunctions to preserve the status quo.

Analysis

Apply the Rule to the Facts: If the relative’s deed was forged, it conveyed nothing. That means there is no valid co-tenancy to support a partition. File a quiet title action in Superior Court to void and cancel the forged deed and any related forged deed of trust. In the partition file, move for transfer to Superior Court and an order staying proceedings while title is decided. Because you paid carrying costs, seek an accounting/contribution if any valid co-ownership is ultimately found.

Process & Timing

1. Who files: Property owner (you). Where: Superior Court in the county where the land is located. What: Complaint for quiet title and cancellation of instruments; contemporaneously record a Notice of Lis Pendens; file a motion for a temporary restraining order/preliminary injunction to halt any sale. When: Immediately upon discovery of the forgery and before any scheduled partition sale.
2. In the pending partition special proceeding, file a motion asking the Clerk of Superior Court to transfer the case to Superior Court because title is disputed and equitable relief is sought. Request a stay of the partition process while the Superior Court resolves title. These steps can occur in parallel.
3. After the Superior Court rules, record the quiet title judgment and any order cancelling the forged deed and deed of trust. The partition proceeding should be dismissed if no valid co-tenancy exists. The court can also address contribution/accounting among co-owners if applicable.

Exceptions & Pitfalls

• Do not try to litigate quiet title inside the clerk’s partition file; bring a separate Superior Court civil action.
• Record a lis pendens early to protect against transfers while the case is pending.
• Serve all indispensable parties under Rule 4, including the forged grantee, any spouse with marital rights, and any lender or trustee under a forged deed of trust.
• Contribution for taxes, insurance, and necessary repairs is typically between co-owners; the decedent’s estate generally does not bear post-death real property expenses unless the personal representative took possession/control.
• Join the estate only if you are challenging the original conveyance to you or seeking relief from the estate; join the State only if it has a recorded lien or other claimed interest.

Talk to a Partition Action Attorney

If you’re dealing with a forged deed, a pending partition, or both, 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.