Short Answer

In North Carolina partition cases, the Clerk of Superior Court can account for each co-owner’s payments and award credits for necessary carrying costs like mortgage (especially principal), property taxes, insurance, and essential repairs. If one co-owner lived there alone, the court may offset credits by a reasonable rental value for exclusive use. A written reimbursement agreement for a larger down payment can be asserted as a claim in the case, and mediation is often available to resolve credits and a buyout without a forced sale.

Understanding the Problem

You co-own a North Carolina home with a former partner. They moved out, then filed a partition action seeking sale or buyout. You stayed, paid the mortgage and upkeep, and you had an agreement that your larger down payment would be reimbursed. The question is whether you can get credit for these payments while negotiating a resolution instead of a court-ordered sale.

Apply the Law

North Carolina handles partition in the Clerk of Superior Court as a special proceeding. The clerk can order an in-kind division or a sale and, along the way, make equitable adjustments between co-owners through an accounting. That accounting commonly considers who paid taxes, insurance, mortgage (particularly principal reduction), and necessary repairs, and may also consider a rental-value offset when one co-owner had exclusive possession. Written contribution or reimbursement agreements can be raised within the proceeding. Contested legal issues can be transferred to Superior Court, and mediation can be ordered in matters before the clerk.

Key Requirements

• Co-ownership: You and the other person both hold title to the property.
• Documented expenditures: Keep proof of payments for mortgage, taxes, insurance, utilities as applicable, and necessary repairs/maintenance.
• Nature of work: Necessary repairs and maintenance are more readily credited; improvements are typically limited to added value, not cost.
• Exclusive possession offset: If you lived there alone, credits may be reduced by a reasonable rental value.
• Down payment agreement: A written reimbursement agreement can be asserted as a claim for credit or repayment during the partition accounting.
• Forum and timing: Filed and heard by the Clerk of Superior Court where the land is located; answers in special proceedings are typically due shortly after service.

What the Statutes Say

• North Carolina Gen. Stat., Chapter 46A (Partition of Real Property) – Governs partition in kind, sale, commissioners, and equitable allocation of interests.
• North Carolina Gen. Stat. § 7A-38.3B (Mediation in matters before the clerk) – Authorizes the clerk to order mediation to help resolve disputes.
• North Carolina Gen. Stat. § 1-301.2 (Transfer of special proceedings) – Allows transfer of contested legal or equitable issues to Superior Court.

Analysis

Apply the Rule to the Facts: You are a co-owner, so the clerk can conduct an accounting and award credits for your mortgage (particularly principal), taxes, insurance, and necessary repairs since your partner moved out. Expect a potential rental-value offset because you had exclusive possession. Your written down payment reimbursement agreement supports a credit or repayment claim in the partition. Mediation can help you exchange those credits for a fair buyout number and avoid a sale.

Process & Timing

1. Who files: As the respondent, you file an Answer and assert a request for accounting/credits and any claim under your reimbursement agreement. Where: Clerk of Superior Court in the county where the property sits. What: Answer and counterclaims; you may also move to order mediation (see AOC-G-300 series forms on nccourts.gov). When: In special proceedings, an Answer is typically due 10 days after service unless extended.
2. The clerk may order mediation early. If unresolved, the clerk holds a hearing; if partition in kind is impractical, the clerk may order a sale and appoint commissioners. Timeframes vary by county.
3. After a division or sale, the clerk applies credits and any rental offset in a final accounting, then enters an order distributing net proceeds or setting equalization payments.

Exceptions & Pitfalls

• Exclusive possession can reduce your credits by a reasonable rental-value offset; plan for this in negotiations.
• Upgrades and improvements are often credited only up to the increase in value, not their full cost.
• Poor records sink credits—keep statements, invoices, proof of payment, and before/after photos for repairs.
• If your reimbursement agreement is not in writing, expect more dispute; contested contract issues may prompt transfer to Superior Court.
• Mediation agreements must be in writing and signed to be enforceable; bring all numbers and documents to the session.

Talk to a Partition Action Attorney

If you’re dealing with co-ownership, a partition filing, and need credits for what you paid, 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.