Short Answer

Usually, no. In North Carolina, a buyer cannot get full ownership of a co-owned property unless every co-owner signs the deed (or a court orders a sale through a partition case). One co-owner can transfer only that person’s own share, which would make the buyer a new co-owner instead of the sole owner. A verbal “acceptance” of an offer may not be enough to close, and the closing attorney and title insurer will typically require written, signed documents from all owners.

Understanding the Problem

In North Carolina, when multiple people co-own a house, the key question is whether the property can be sold to a single buyer even though not every co-owner has signed anything in writing. The decision point is whether all owners must agree in writing to convey the entire property interest at closing, or whether some owners can proceed without the others. This question usually comes up when co-owners discuss accepting an offer, but one co-owner has not signed a contract or deed and the closing steps are uncertain.

Apply the Law

North Carolina law treats co-owners (often called “cotenants”) as holding separate, undivided interests in the same property. As a result, a single co-owner generally cannot sell the whole property to a buyer without the other co-owners joining in the conveyance. A co-owner may transfer only that co-owner’s own undivided interest, which does not give the buyer full ownership of the entire property. If co-owners cannot agree on a voluntary sale, the typical legal path to force a sale of the property as a whole is a partition case in the county superior court.

Key Requirements

• All interests must be conveyed: To deliver full ownership to a buyer, all co-owners must convey their interests, typically by signing the deed at closing.
• One co-owner can transfer only one share: A co-owner acting alone can convey only that person’s undivided interest, which usually results in the buyer becoming a co-owner with whoever did not sell.
• Court process if there is no agreement: If co-owners will not sign to sell voluntarily, a partition case in superior court can be used to divide the property or, more commonly for a house, sell it and divide the proceeds under court supervision.

What the Statutes Say

• N.C. Gen. Stat. a7 41-90 (Alienation of a cotenant’s undivided interest) – A co-owner may transfer only that co-owner’s undivided interest without other co-owners joining.
• N.C. Gen. Stat. a7 46A-21 (Partition petition; necessary parties) – A co-owner may file in superior court to partition the property and must join and serve the other co-owners.

Analysis

Apply the Rule to the Facts: The property is co-owned by three individuals, and two reportedly accepted a cash offer while one co-owner has not received anything in writing confirming acceptance. Under North Carolina’s cotenancy rules, two co-owners cannot deliver full title to the entire property unless the third co-owner also signs the deed (and typically the sale contract and closing documents). If only the two co-owners sign, the most that can be transferred is their combined undivided interests, leaving the buyer as a co-owner with the remaining owner, which most buyers and lenders will not accept for a normal home purchase.

Process & Timing

1. Who files: In a voluntary sale, the seller side is all co-owners. Where: The closing is handled through a North Carolina real estate closing attorney’s office, and the deed is recorded with the Register of Deeds in the county where the property is located. What: A written purchase contract (if the parties are proceeding) and a deed signed by all co-owners, plus standard closing documents requested by the closing attorney/title insurer. When: The required signatures must be obtained before closing can occur.
2. If a co-owner will not sign, the practical next step is often either (a) negotiate a written agreement among the co-owners about price, timing, and how proceeds will be divided, or (b) start a partition case so a court can decide the sale process. Timing varies widely by county and complexity.
3. For a partition case, who files is any co-owner (or, in limited situations, a personal representative of a deceased co-owner). Where is the superior court in the county where the property sits. The case ends with either a division of the property or a court-supervised sale and distribution of proceeds, depending on what the court orders.

Exceptions & Pitfalls

• Buyer only gets what is signed over: If fewer than all co-owners sign a deed, the buyer generally receives only those signing owners’ undivided interests, not the whole property.
• Authority must be real authority: One co-owner usually cannot sign “for” another unless there is a valid power of attorney or other legally effective authority that the closing attorney and title insurer will accept.
• Unclear ownership type: The deed and title history matter. Co-ownership can involve different forms (for example, tenancy in common), and the title work will control who must sign and in what capacity.
• Communication gaps: Relying on verbal statements like “we accepted” without a written contract can lead to misunderstandings about whether there is a binding deal and what the closing timeline is.
• Partition is not instant: A partition case requires joining and serving all co-owners and following court procedures, which can take substantial time compared to a normal closing.

Conclusion

In North Carolina, a sale that transfers full ownership of a co-owned property generally cannot close unless all co-owners sign the deed (or a court orders a sale through a partition case). One co-owner acting alone can transfer only that person’s undivided share, which usually does not satisfy a buyer seeking the entire property. The next step is to confirm whether there is a signed written contract and, if the goal is a full sale, obtain all co-owners’ signatures before the closing date.

Talk to a Real Estate Attorney

If co-owners disagree about selling a property, or if a sale is moving forward without clear written sign-off from everyone, a real estate attorney can help clarify the title, confirm who must sign, and explain options including voluntary agreements and partition. 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.