Short Answer

In North Carolina, you can only file a partition if you own an interest in the property. If your ex-partner is the sole titled owner, you cannot force a partition sale unless you first establish your own ownership interest (for example, through a resulting trust, constructive trust, or equitable lien). Once a court recognizes your interest, you can seek partition with the Clerk of Superior Court in the county where the land sits.

Understanding the Problem

You want to know whether you can force a sale or partition of North Carolina real estate when only your ex-partner is on the deed. You contributed money to acquire the home, but your name is not on title and your ex is living there. The issue is whether you have a legally recognizable ownership interest that allows you to use North Carolina’s partition process.

Apply the Law

Under North Carolina law, partition is available to co-owners (tenants in common or joint tenants). Partition is a special proceeding handled by the Clerk of Superior Court in the county where the property lies. If a title dispute or request for equitable relief arises, the matter is transferred to a Superior Court judge. When a non-titled contributor seeks a share, the typical route is to file a civil action in Superior Court to establish an ownership interest (e.g., resulting or constructive trust, equitable lien). If the court declares an interest, you may then pursue partition.

Key Requirements

• Ownership interest: You must be a co-owner to file partition. If you are not on the deed, you first need a court order recognizing your interest.
• Proper forum: Partition starts with the Clerk of Superior Court where the land is located; disputed title or equitable claims go before a Superior Court judge.
• Division method: Property is divided in kind if practical; otherwise, the court orders a sale and splits the net proceeds among the owners.
• Procedure: Partition is a special proceeding with formal service and short response deadlines; commissioners may be appointed to evaluate division and report back.
• Alternative relief: If not on title, seek a declaration of your interest (resulting/constructive trust or lien) in a civil action; you can record a notice of lis pendens to protect your claim during the case.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Governs partition proceedings, division in kind, and partition sales.
• North Carolina Gen. Stat. § 1-301.2 (Special proceedings: transfer/appeal) – Allows transfer to Superior Court when equitable issues or factual disputes arise.
• North Carolina Gen. Stat. § 1-253 (Declaratory judgments) – Authorizes actions to declare parties’ rights, often used to establish an ownership interest.

Analysis

Apply the Rule to the Facts: Because only your ex-partner is on the deed, you cannot file a partition yet; you first need to establish that you own an interest. Your contribution of joint funds to the down payment supports claims like a purchase-money resulting trust, constructive trust, or an equitable lien. If a Superior Court judge recognizes your interest, you become a co-owner and can then file a partition proceeding with the Clerk of Superior Court to divide or sell the property and allocate net proceeds.

Process & Timing

1. Who files: You. Where: Civil action in Superior Court for the county where the property is located. What: Complaint seeking a declaration of ownership (resulting/constructive trust or equitable lien), with related relief (accounting/inspection); record a notice of lis pendens with the Register of Deeds. When: File promptly—deadlines for equitable claims can be short and may run from when you knew or should have known of the issue.
2. After the court recognizes your interest, file a partition petition. Where: Clerk of Superior Court (special proceeding) in the county where the land lies. What: Partition petition (no standard AOC petition form statewide), service via Special Proceedings Summons (AOC-SP-100). Timing: Respondents typically have about 10 days to answer in a special proceeding once served; local practice can vary.
3. The Clerk may appoint commissioners to recommend division in kind; if that is impractical, the Clerk or court orders a judicial sale. Expect a sale process with confirmation and distribution of net proceeds by ownership shares. County procedures and timelines can vary.

Exceptions & Pitfalls

• Partition requires co-ownership; cohabitation or financial contribution alone does not automatically create title rights.
• If title is disputed or equitable relief is requested, the partition proceeding will be transferred to a Superior Court judge, which can add time and cost.
• Service defects can derail a partition; ensure all necessary parties are properly served with a Special Proceedings Summons.
• Uniform Partition of Heirs Property rules generally do not apply to non-heir co-owner disputes between former partners.
• Failing to record a lis pendens risks later buyers or lenders taking without notice of your claim.

Talk to a Partition Action Attorney

If you’re dealing with a home titled only in your ex-partner’s name after you contributed funds, our firm has experienced attorneys who can help you understand your options and timelines. 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.