Dec162025
Probate Q&A Series

What rights does a long‑term, unmarried partner have to remain in the home and continue using jointly titled property when the other partner dies without a will? – North Carolina

Short Answer

In North Carolina, an unmarried partner generally does not inherit anything when the other partner dies without a will. Whether the surviving partner can remain in the home or keep using property depends mainly on how the home and other assets are titled (for example, joint ownership with a right of survivorship versus ownership that passes through the estate). If the surviving partner is not an owner on the title (or is only a co-owner without survivorship rights), the personal representative and the intestate heirs may be able to require the partner to leave or to share/sell the property through the estate process.

Understanding the Problem

In North Carolina probate, the key question is: when one partner dies without a will, can a long-term, unmarried partner stay in the home and keep using property that was used together during the relationship. The answer turns on whether the surviving partner has an ownership interest that continues after death, or whether the deceased partner’s ownership interest must pass to heirs under intestate succession and be administered through the Clerk of Superior Court. The timing often matters because control of estate property can shift quickly once an estate opens and a personal representative is appointed.

Apply the Law

North Carolina treats “rights after death” very differently for spouses versus unmarried partners. If the couple was not married, the surviving partner does not qualify for intestate spouse rights, the spousal year’s allowance, or the elective share. Instead, the surviving partner’s rights usually come from (1) the deed or title to real estate, (2) the ownership form on accounts or vehicles, and (3) any enforceable contract or beneficiary designation (if any). For a home, the main forum for estate administration and many related orders is the Clerk of Superior Court in the county where the estate is administered.

Key Requirements

  • How the home is titled: A right of survivorship in the deed can allow the surviving co-owner to take the deceased owner’s interest outside of intestate succession. If there is no survivorship, the deceased owner’s share generally passes to heirs.
  • How the jointly titled property is titled: Some jointly held property transfers automatically at death; other jointly owned property becomes partly probate property that the estate (and heirs) may control.
  • Whether the surviving partner is an heir under intestacy: In North Carolina, intestate heirs are determined by statute, and an unmarried partner is not in the line of inheritance unless the partner is also a blood relative or has another legal status recognized by the intestacy statutes.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because no specific facts are provided, the most important fact to identify is the exact title language for the home and each jointly titled asset. If the home is deeded to both partners with a right of survivorship, the surviving partner typically becomes the owner at death, which supports the right to stay. If the home is held as tenants in common (no survivorship), the deceased partner’s share generally passes to heirs at death, and the surviving partner may own only their share and may have to deal with the heirs or the estate about possession, expenses, and a possible sale.

Process & Timing

  1. Who files: Typically an heir (or another qualified applicant) starts the estate. Where: Clerk of Superior Court in the county of proper venue in North Carolina. What: Application for Letters of Administration (forms vary by county). When: Usually soon after death if there are assets, bills, or disputes about possession of the home.
  2. Title and possession review: The personal representative gathers information about what is probate property versus property passing by survivorship. Depending on the ownership form, the personal representative may seek to take possession, custody, and control of estate real property if it serves the administration of the estate, which can affect whether an occupant can remain.
  3. Resolution of occupancy and use: If the surviving partner is not the owner (or is only a partial owner without survivorship rights), the heirs and/or the estate may seek an agreement for temporary occupancy, expense sharing, or a buyout; otherwise, the dispute may proceed through estate proceedings or a separate civil action (for example, a partition case for co-owned real estate).

Exceptions & Pitfalls

  • Assuming “long-term” equals inheritance rights: North Carolina intestacy rules prioritize spouses and blood relatives; a long-term, unmarried partner is usually not an heir.
  • Not checking the deed wording: “Joint owners” is not always the same as “joint tenants with right of survivorship.” Tenants in common do not have survivorship, so the deceased owner’s share can pass to heirs and create a co-ownership situation with the surviving partner.
  • Occupying estate property without a plan: Once an estate is opened, the personal representative may manage estate assets and may challenge an occupant’s right to remain, especially if the estate needs the property to pay claims or to distribute value to heirs.
  • Mixing up beneficiary designations with probate assets: Some assets transfer by contract (like certain accounts with beneficiaries), while others become probate property. A “joint” label alone can be misleading without confirming survivorship terms.

Conclusion

In North Carolina, a long-term, unmarried partner usually has no automatic right to inherit or stay in the home when the other partner dies without a will. The practical right to remain and keep using property depends primarily on title: survivorship ownership can pass the property directly to the surviving co-owner, while non-survivorship co-ownership can pass the deceased partner’s share to heirs through intestacy. A common next step is to open an estate with the Clerk of Superior Court and confirm title documents early, because key claims (such as a spouse’s year’s allowance) can have a six-month deadline after letters issue.

Talk to a Probate Attorney

If you’re dealing with a partner’s death without a will and there is uncertainty about who can stay in the home or use jointly titled property, our firm has experienced attorneys who can help explain the options and timelines under North Carolina probate law. 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.