Short Answer

In North Carolina, you cannot remove your name from a deed without either your former spouse signing a deed to transfer your interest or a court-ordered partition. If a buyout fails, you can file a partition action with the Clerk of Superior Court in the county where the property sits. The court can divide the property or, more commonly for a single home, order a sale and distribute proceeds with credits for contributions and liens.

Understanding the Problem

In North Carolina, a co-owner who wants off title asks: how do I get my name off the deed and receive my equity when my former spouse still lives in the home? Here, the home is occupied by the former spouse, and a direct buyout may be contested. The focus is whether you can compel a transfer or sale so you can cash out and be removed from title.

Apply the Law

North Carolina law allows any co-owner (usually a tenant in common after divorce) to seek partition through a special proceeding before the Clerk of Superior Court in the county where the property lies. The court prefers a physical division (partition in kind) when feasible and fair, but for a single residence it often orders a sale with proceeds split after paying costs, liens, and approved credits. Respondents in a special proceeding generally have a short window to answer after service, and sales follow the judicial sale process with an upset bid period.

Key Requirements

• Co-ownership: You and your former spouse must both hold an interest; after divorce, most couples hold as tenants in common.
• Proper forum and venue: File a special proceeding for partition with the Clerk of Superior Court in the county where the property is located.
• Notice and parties: Serve all co-owners and necessary parties; unknown or unlocatable parties may require a guardian ad litem and service by publication.
• Type of partition: The clerk orders partition in kind if practical and fair; otherwise, a sale is ordered and a commissioner conducts a judicial sale.
• Distribution of proceeds: After a sale, the clerk pays costs and liens, then divides net proceeds, allowing credits for taxes, mortgage payments, insurance, necessary repairs, and value-adding improvements; occupancy may affect rent/credit offsets.
• Appeal/transfer: If factual disputes or equitable defenses arise, the matter may be transferred to a Superior Court judge; orders may be appealed.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Procedures to partition co-owned real estate, by division or sale, and distribution.
• North Carolina Gen. Stat. § 1-394 (Special proceedings: summons and answer) – Service and time to respond in special proceedings.
• North Carolina Gen. Stat. Chapter 1, Article 29A (Judicial sales) – Public/private sale procedures and upset bids used in partition sales.
• North Carolina Gen. Stat. § 7A-38.3B (Mediation of matters before the Clerk) – Mediation authority in clerk matters, often used to settle buyouts.

Analysis

Apply the Rule to the Facts: You and your former spouse co-own a residence, and your name remains on the deed. If your former spouse will not complete a voluntary buyout and execute a deed, you may file a partition proceeding with the Clerk of Superior Court where the home sits. Given a single house, the clerk is likely to order a sale if a fair in-kind split is not possible, then distribute net proceeds with appropriate credits for payments and improvements, and liens paid from the respective shares.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court in the county where the property is located. What: A verified Petition for Partition (requesting partition in kind or, if not feasible, sale) and AOC-SP-100 Special Proceedings Summons. When: After service, respondents generally have 10 days to answer in a special proceeding.
2. The clerk may encourage or order mediation; if unresolved, the clerk determines whether to partition in kind (often with appointed commissioners) or order a sale. A sale is conducted as a judicial sale with an upset bid period (typically 10 days) before confirmation; timing varies by county and bidding activity.
3. After confirmation, the commissioner delivers a deed to the buyer, funds are deposited with the clerk, costs and liens are paid, approved credits are applied, and the clerk issues an order distributing the remaining proceeds to each owner.

Exceptions & Pitfalls

• Voluntary deed vs. court: You cannot unilaterally “remove your name”; you need your co-owner’s signed deed or a partition order.
• Mortgage vs. deed: Coming off the deed does not remove you from a mortgage; refinancing or lender consent is needed to release loan liability.
• Buyout opportunities: Mediation and clerk-approved settlements can document a buyout with clear payment terms, a deed, and a release of claims.
• Credits and occupancy: Keep records of mortgage, tax, insurance, and repair payments; the clerk may allow credits or offset occupancy with fair rental value.
• Service and unknown owners: Strict service rules apply; unknown or unlocatable parties may require publication and a guardian ad litem.
• Appeal/transfer: If significant factual disputes or equitable issues arise, the case can be transferred to a Superior Court judge; orders can be appealed.
• Remote participation: Some counties allow remote hearings before the clerk by request; availability and procedures vary and can change.

Talk to a Partition Action Attorney

If you’re dealing with a co-owned home after divorce and need to come off title or force a sale to receive your equity, 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.