Short Answer

In North Carolina, you can ask the Clerk of Superior Court in a partition proceeding to award you credits from your co-owner’s share for necessary expenses (like taxes, insurance, and essential repairs) and, in some cases, for improvements that increased the property’s value. The court can order reimbursement through offsets before dividing sale proceeds or by adjusting who receives which parcel if the land is divided. Improvements are credited only to the extent they raise the property’s value, and any claim may be reduced if you had exclusive use of the home.

Understanding the Problem

You and your sister co-own your late mother’s property in North Carolina and you have paid all upkeep and improvements since she passed. You want to know if you can require your sister to pay her share before any sale. The decision point is whether, in a North Carolina partition case, you can obtain credits or reimbursement for your expenditures and have those amounts settled before the court divides or sells the property.

Apply the Law

Under North Carolina law, co-owners (tenants in common) can file a special proceeding for partition with the Clerk of Superior Court in the county where the land is located. In that proceeding, the clerk (and later, commissioners or the court) can equitably account for each co-owner’s contributions and adjust the division or sale proceeds with credits and setoffs. Title to non-survivorship real property vests in heirs or devisees at death, so after a life estate ends, the remaindermen own the property and may use partition to resolve disputes. Partition sales are conducted as judicial sales, and proceeds are distributed after credits and costs are handled.

Key Requirements

• Cotenant status: You and the other person must both own undivided interests in the property under North Carolina law.
• Necessary expenses: You can seek contribution for taxes, insurance, and necessary repairs that preserved the property; keep receipts and proof of payment.
• Improvements credit: For upgrades, you may receive a credit limited to the amount they enhanced the property’s value, not necessarily your full cost.
• Accounting and setoffs: If you had exclusive use or collected rent, the court may offset your credits by a reasonable rental value or rents received.
• Forum and method: Request these credits within a partition filed with the Clerk of Superior Court where the land sits; credits are applied before distributing sale proceeds or via adjusted allotments/owelty.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition of Real Property) – Governs partition proceedings, including sale or in-kind division and equitable adjustments.
• North Carolina Gen. Stat. Chapter 1, Article 29A (Judicial Sales) – Procedures for court-ordered sales used in partition cases.
• North Carolina Gen. Stat. § 28A-15-2 (Vesting of Real Property) – Heirs/devisees take title at death, enabling cotenants to pursue partition after a life estate ends.

Analysis

Apply the Rule to the Facts: You and your sister own the property as cotenants after your mother’s life estate ended, so partition is available. Your payments for taxes, insurance, and necessary repairs support a claim for contribution; the clerk can credit you those amounts in the partition. For improvements, you can seek a credit up to the enhancement in value they provided, supported by appraisals. If you alone lived in the home, your credits may be reduced by a reasonable rental value setoff.

Process & Timing

1. Who files: Any cotenant. Where: Clerk of Superior Court in the North Carolina county where the property is located. What: A verified petition for partition requesting sale or in‑kind division and asking for an equitable accounting/credits for taxes, insurance, necessary repairs, and improvements. When: File when co-owners cannot agree; raise credit claims in your petition or before the commissioners’ report is confirmed.
2. The clerk determines whether to divide in kind or order a sale; if sale, it proceeds as a judicial sale with an upset‑bid period. You will present proof of your expenditures and any valuation evidence for improvements before distribution.
3. After sale or division, the court applies credits and setoffs, then issues an order distributing proceeds (or assigns parcels/owelty) reflecting your reimbursements.

Exceptions & Pitfalls

• If the property qualifies as “heirs property,” the court may follow special steps, including an appraisal and potential buyout rights, before ordering a sale.
• Improvements are not reimbursed at cost—only to the extent they increase value; bring appraisals or market evidence to prove the enhancement.
• If you had exclusive possession or collected rent, expect an offset for reasonable rental value or rents received against your contribution claim.
• Keep detailed records (receipts, invoices, tax bills, insurance declarations); undocumented items are often denied or reduced.

Talk to a Partition Action Attorney

If you’re facing a disputed sale or division and want reimbursement for taxes, insurance, repairs, or improvements, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.