Short Answer

Yes. In a North Carolina partition case, a cotenant who paid necessary carrying costs (like mortgage payments, property taxes, insurance, and necessary repairs) can ask the Clerk of Superior Court to credit those payments before the net proceeds are split. You must document what you paid. If you lived there alone or collected rents, the court may offset your credits by a fair rental value or the rent you received.

Understanding the Problem

You co-owned a small multi‑unit condo in North Carolina with an unmarried partner as tenants in common. Your partner died without a will, and the heirs claim a half interest and threaten a partition sale. Can you use what you’ve paid (mortgage, taxes, insurance, and upkeep) to reduce what the heirs receive?

Apply the Law

North Carolina partition law allows the Clerk of Superior Court to account for money one cotenant spent to preserve or improve common real estate. This includes necessary carrying costs (taxes, insurance, mortgage payments that protected the property from foreclosure, and necessary repairs). Credits for improvements are usually limited to the added value they created. If one cotenant had exclusive possession or collected rents, the court can offset credits by a reasonable rental value or require an accounting of rents and profits. Partition is filed where the property sits and is heard by the Clerk of Superior Court. These adjustments are decided before sale proceeds are distributed.

Key Requirements

• Common ownership: You and the heirs own undivided interests as tenants in common after your partner’s death.
• Necessary, property‑preserving expenses: Credits focus on taxes, insurance, mortgage payments preventing loss, HOA dues, and necessary repairs—proved with records.
• Improvements: Credit is generally limited to the amount the improvement increased the property’s value, not the full cost.
• Exclusive possession/rents: If you occupied the property alone or collected rents, expect an offset for fair rental value or an accounting for rents received.
• Raise it in the partition case: Ask the Clerk for credits and provide proof before the court orders distribution of proceeds.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Procedures for partition in kind or by sale, including adjustments among cotenants.
• North Carolina Gen. Stat. § 28A-15-2 (Title to property) – A decedent’s nonsurvivorship real property vests in the heirs at death.
• North Carolina Gen. Stat. § 28A-17-3 (Petition for partition) – Allows a personal representative, when appropriate, to pursue partition involving estate real property.

Analysis

Apply the Rule to the Facts: Because title passed to the heirs at your partner’s death, you and the heirs are cotenants. You can ask the Clerk to credit your documented payments for taxes, insurance, HOA dues, and mortgage amounts that protected the condo, and for necessary repairs. If you lived there alone or collected rent from other units, the court may offset your credits by reasonable rental value or require you to account for rent collected.

Process & Timing

1. Who files: Any cotenant (you or the heirs). Where: Clerk of Superior Court, Special Proceedings, in the North Carolina county where the condo is located. What: A verified partition petition under Chapter 46A requesting partition (in kind or by sale) and asking for an accounting/credits; attach proof of payments (statements, receipts, bank records) and any appraisal showing added value of improvements. When: File as soon as the dispute arises; raise credits early so they’re decided before proceeds are distributed.
2. The Clerk determines the type of partition (in kind or by sale). If the property qualifies as heirs property, additional steps—like appraisal and potential buyout rights—apply before any sale. Expect schedules and hearing dates to vary by county.
3. If sold, the Clerk will allocate net proceeds after hearing evidence on your credits, any rent/accounting offsets, and any improvement value, then enter an order distributing the funds.

Exceptions & Pitfalls

• Exclusive occupancy can trigger a fair-rental-value offset; mere residence isn’t always an ouster, but offsets often apply when you seek contribution.
• Improvements earn credit only to the extent they increase value; cosmetic upgrades rarely get full reimbursement.
• Keep thorough records; without receipts and statements, credits may be reduced or denied.
• If rents were collected (from other units), you must account for them; netting rents and expenses is common.
• Join the personal representative if the estate still holds authority over possession or if estate claims are implicated.
• Heirs property rules can change the path to sale (appraisal, buyout, open‑market sale). Missing those steps can delay or derail relief.

Talk to a Partition Action Attorney

If you’re dealing with a partition fight and need credits for mortgage, taxes, insurance, or repairs, 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.