Short Answer

In North Carolina, partition (including a court-ordered sale) is generally available only to people who have an ownership interest in the property (co-owners). If the home is titled solely in another person’s name, paying the mortgage or signing the deed of trust usually does not, by itself, give a right to force a partition sale. The more common paths are (1) negotiating a refinance or release with the lender and owner, and/or (2) filing a separate civil claim to seek reimbursement or an equitable remedy based on the payments made.

Understanding the Problem

In North Carolina, can a non-owner who signed a deed of trust and has been making the mortgage payments on a house titled only to someone else force the property to be sold through partition? The decision point is whether paying the loan (and being liable on it) creates a property ownership interest that allows a partition case in court. If no ownership interest exists, the issue usually shifts from “partition” to “how to get off the loan and how to recover money paid.”

Apply the Law

North Carolina partition law is designed to end co-ownership of real estate. A partition case generally requires that the person filing has a present ownership interest as a cotenant (for example, being on the deed as a joint tenant or tenant in common). If a person is not on title, the court typically will not treat that person as having partition rights just because that person helped pay the mortgage or signed loan documents. When a non-owner pays a debt that protects someone else’s property (like mortgage payments that prevent foreclosure), North Carolina law may allow other equitable remedies—such as reimbursement, subrogation, or an equitable lien—depending on the relationship, agreements, and proof.

Key Requirements

• Ownership (cotenancy): A partition petition generally depends on the filer being a co-owner of the real property, not merely a borrower or payor on the note.
• Proper forum and procedure: Partition actions are civil cases filed in the Superior Court division in the county where the land is located, and the court chooses among partition methods allowed by statute.
• A separate theory if not on title: If the filer is not an owner, the potential relief is usually a separate civil claim (for example, equitable reimbursement or subrogation) rather than partition of the land itself.

What the Statutes Say

• N.C. Gen. Stat. a7 46A-26 (Methods of partition) – In a partition proceeding, the court must order one of the statutory methods of partitioning co-owned real property.
• N.C. Gen. Stat. a7 46A-75 (Sale in lieu of actual partition) – A court may order a partition sale only under the standards in the statute, and the party seeking a sale must prove the required facts.
• N.C. Gen. Stat. a7 45-45.3 (Trustee in a deed of trust) – Clarifies the trustee’s limited role outside foreclosure and recognizes that claims like equitable liens, subrogation, and partition can exist in separate proceedings involving the property.

Analysis

Apply the Rule to the Facts: Here, the home is titled solely to the other person, and the paying party co-signed a deed of trust and has been making the mortgage payments. Because the paying party is not on the deed, there is no cotenancy to “divide,” so a traditional North Carolina partition case is usually not available. The payments and loan liability may support a separate claim for reimbursement or an equitable remedy, but that is a different lawsuit and depends heavily on proof of an agreement, benefit conferred, and fairness factors.

Process & Timing

1. Who files: If there is true co-ownership, a cotenant files. Where: Superior Court in the county where the property sits. What: A civil complaint/petition for partition under Chapter 46A. When: Generally when co-owners cannot agree on use, buyout, or sale.
2. If not on title: The payor typically starts with documentation and a demand (proof of payments, loan statements, any written messages or agreements) and then considers a separate civil action for equitable relief if negotiation fails. In many cases, the lender will not remove a borrower from the loan without a refinance or full payoff, so the practical “timing” issue often tracks the owner’s ability to refinance.
3. Possible outcomes: In a partition case, the outcome is a court order for an allowed partition method and, if ordered, a court-supervised sale process. In a non-owner reimbursement/equitable case, the outcome is typically a money judgment, an equitable lien, or other court-ordered relief depending on what is proven.

Exceptions & Pitfalls

• Assuming payments equal ownership: Paying the mortgage (even for a long time) does not automatically add a name to the deed or create a partition right. Title controls partition.
• Confusing the note/deed of trust with the deed: Signing a note or deed of trust can create liability to the lender, but it usually does not grant ownership. Many people discover too late that they are “on the loan, not on the deed.”
• Lender release is uncommon without refinance: Even if the titled owner agrees, the lender typically must approve any release of a co-borrower, and many lenders require a refinance into the owner’s name alone.
• Proof problems: Reimbursement and equitable claims often turn on records (who paid what and when) and the reason for the payments (gift vs. loan vs. shared household plan). Missing records and unclear communications can weaken the claim.
• Wrong case type: Filing a partition case when there is no cotenancy can lead to dismissal and added costs; the better approach is to match the claim to the actual legal relationship (ownership vs. debt vs. equity).

Conclusion

In North Carolina, a person generally cannot force a sale or partition of a house unless that person has a present ownership interest in the property. If the home is titled solely to someone else, paying the mortgage and signing a deed of trust usually does not create partition rights, even though it can create serious loan liability. The practical next step is to gather proof of payments and pursue a written refinance/release plan with the titled owner and lender; if that fails, consider filing an appropriate civil claim for reimbursement or equitable relief in Superior Court.

Talk to a Real Estate Attorney

If someone is stuck paying a mortgage on a home titled in another person’s name and needs a plan to get off the loan and seek reimbursement, our firm has experienced attorneys who can help explain options and timelines under North Carolina 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.