Short Answer

In North Carolina, you can halt a partition sale by promptly asking the Clerk of Superior Court to pause the sale and transfer the case to Superior Court if title is disputed, and by filing a separate Superior Court action to quiet title with a request for a temporary restraining order (TRO) and preliminary injunction. You should also record a lis pendens to notify buyers of the title dispute and seek credits for expenses you paid. If the Clerk has already entered a sale order, file a timely appeal and seek a stay while the title case proceeds.

Understanding the Problem

You are a North Carolina co-owner facing a partition sale filed by a relative. You want to stop the sale and clear title because the relative allegedly forged their way onto the deed.

Apply the Law

Partition cases begin before the Clerk of Superior Court as a special proceeding. When there is a real dispute about ownership (for example, alleged forgery), the matter belongs in Superior Court, where you can bring a quiet title claim and ask a judge for an injunction that pauses any sale. You can also secure credits or reimbursement for taxes, insurance, mortgage payments, and other carrying costs in the partition distribution if co-ownership is confirmed.

Key Requirements

• Show a title dispute: Plead facts showing forged or invalid deeds or loan documents; this triggers transfer from the Clerk to Superior Court.
• Seek injunctive relief: Ask for a TRO/preliminary injunction to stop the partition sale while title is decided; be prepared to post bond.
• File quiet title in Superior Court: Bring a civil action to remove the forged interest and clear title; serve all parties who claim an interest.
• Record lis pendens: Put the world on notice that title is in litigation so no buyer can claim ignorance.
• Address contributions: Request an accounting/credits for carrying costs you paid (taxes, insurance, necessary repairs, mortgage) if the case proceeds as a true co-tenancy.
• Join necessary parties: Include current deeded claimants and lienholders; the decedent’s estate is usually unnecessary if title passed by survivorship, unless estate claims could affect the property.

What the Statutes Say

• North Carolina Gen. Stat. § 1-301.2 (Special proceedings—transfer/appeal) – Clerk must transfer when issues of fact or equitable relief are raised; appeals are de novo.
• North Carolina Gen. Stat. § 1A-1, Rule 65 (Injunctions) – TROs and preliminary injunctions can pause a sale pending adjudication.
• North Carolina Gen. Stat. § 1-116 (Lis pendens) – Record notice that a lawsuit affects title to real estate.
• North Carolina Gen. Stat. § 28A-15-10 (Survivorship assets and estate claims) – Personal representative may reach survivorship assets only if needed to pay estate claims.

Analysis

Apply the Rule to the Facts: Because you allege a forged deed and loan documents, there is a genuine title dispute. That supports a motion to transfer the partition from the Clerk to Superior Court and to pause any sale. In Superior Court, file a quiet title action to remove the forged interest and immediately seek a TRO/preliminary injunction and record a lis pendens. If title vested in you by survivorship from your grandparent, the estate usually is not a necessary party unless estate claims could reach the property.

Process & Timing

1. Who files: You. Where: Motion in the partition before the Clerk of Superior Court (transfer/stay); separate complaint in Superior Court. What: Motion to transfer/stay the partition; Superior Court complaint to quiet title and set aside forged deed; Rule 65 motion for TRO/preliminary injunction; record a lis pendens. When: Immediately; if an order of sale has issued, appeal within 10 days.
2. After filing, request prompt hearing on the TRO/PI (often within days for TRO and shortly thereafter for PI). County timelines vary, but courts typically set injunction hearings quickly to preserve the status quo.
3. Once the court resolves title, it will enter an order quieting title and canceling the forged deed of record. If co-tenancy remains, the partition proceeds in the proper forum with adjustments/credits for carrying costs; otherwise, the partition is dismissed.

Exceptions & Pitfalls

• Heirs’ property rules may apply; additional appraisal and buyout steps can affect timing and sale options.
• Do not rely on a counterclaim for quiet title in the Clerk’s partition; quiet title belongs in Superior Court.
• Record a lis pendens; without it, a third-party buyer could complicate your relief.
• Join lienholders and anyone claiming an interest under the allegedly forged deed; missing a necessary party can delay or undermine relief.
• If the decedent’s estate is insolvent, the personal representative may assert limited rights against survivorship property; evaluate whether to join the estate in that scenario.

Talk to a Partition Action Attorney

If you’re facing a partition sale and believe a co-owner’s deed is forged or invalid, our firm can help you pursue an injunction, transfer the case, and clear title. Call us today to discuss your options and timelines.

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.