Short Answer

In North Carolina, a co-owner can ask the Clerk of Superior Court in a partition case to credit her for money she paid that protected the common property, such as down payment, mortgage, taxes, insurance, and necessary repairs. These credits are usually taken “off the top” of sale proceeds or factored into a buyout, not paid to her separately in advance. She must raise these reimbursement claims in the partition proceeding and back them up with proof of payment.

Understanding the Problem

You’re asking whether, in North Carolina, your mother (a co-owner) can get repaid for half of the purchase and carrying costs she covered on a beach condo after her unmarried co-owner died. The deed says they were tenants in common, and the children of the deceased co-owner want a sale and their share. The core issue is: can your mother claim reimbursement in a North Carolina partition case for her contributions?

Apply the Law

Under North Carolina law, tenants in common do not have survivorship rights unless the deed expressly says so, and the deceased co-owner’s share passes to his heirs. In a partition proceeding before the Clerk of Superior Court, the court can account for what each co-owner paid to acquire and preserve the property and adjust the final distribution. Typical reimbursable items include down payment contributions, mortgage principal and interest that reduced or protected the common title, property taxes, insurance, and necessary repairs. Credits are applied before dividing net proceeds or used in a buyout.

Key Requirements

• Proper ownership status: Tenants in common have no automatic survivorship; the decedent’s share passes to heirs.
• Partition forum: File or respond in a partition special proceeding with the Clerk of Superior Court in the county where the condo sits.
• Accounting/credits: Request an accounting for purchase and carrying costs that protected the common property (down payment, mortgage, taxes, insurance, necessary repairs).
• Proof of payment: Provide documents (closing statement, bank records, mortgage statements, tax bills, insurance) showing your mother actually paid.
• Timing: Assert credits within the partition case before the Clerk orders distribution of proceeds; credits are applied then.
• Heirs’ property rules: If the decedent’s children inherited their parent’s share, the Uniform Partition of Heirs Property procedures may add appraisal and buyout steps.

What the Statutes Say

• North Carolina Gen. Stat. § 41-2 (Joint tenancy; survivorship abolished unless expressed) – No survivorship unless the deed clearly provides it.
• North Carolina Gen. Stat. § 28A-15-2 (Title to real property at death) – A decedent’s nonsurvivorship real estate vests in heirs at death.
• North Carolina Gen. Stat. Chapter 46A (Partition) – Governs partition by the Clerk, including sales, allocations, and (for heirs property) appraisal and potential buyout.

Analysis

Apply the Rule to the Facts: Because the deed lists tenants in common, the handwritten note about survivorship won’t control, and your mother did not automatically receive the partner’s share; it passed to the partner’s heirs. In a partition case the Clerk can credit your mother for her down payment and mortgage/tax/insurance payments that preserved or reduced debt on the condo. Those credits would be applied before the net sale proceeds are split or built into any buyout of the heirs’ share.

Process & Timing

1. Who files: Your mother may file a petition for partition (or, if the children file first, she files an answer and requests an accounting and credits). Where: Clerk of Superior Court in the North Carolina county where the condo is located. What: Partition petition or answer/counterclaim requesting an accounting and credits for down payment and carrying costs; attach proof (closing statement, payment records). When: Assert credits early in the case and before any order distributing sale proceeds.
2. The Clerk determines co-owners and shares, addresses whether the property is “heirs property,” and, if so, may order an appraisal and allow buyout options before any sale. If sale is necessary, expect an open-market sale overseen under court procedures; timeframes can vary by county.
3. After closing, the Clerk applies allowed credits “off the top” and then distributes the net balance according to each owner’s share. The final order reflects your mother’s reimbursements and each party’s distribution.

Exceptions & Pitfalls

• A handwritten note about survivorship will not override deed language; survivorship must appear in the deed or other governing instrument.
• If your mother had exclusive use after the partner’s death, the heirs may seek a reasonable rental-value offset; credits and offsets are decided together.
• “Improvements” usually earn credit only to the extent they increase value; ordinary maintenance is treated differently from necessary repairs.
• Keep detailed proof of every payment; without documentation, credits can be reduced or denied.
• If an estate later opens and the personal representative seeks control of the property to pay debts, that can affect timing; raise your mother’s credits in the partition case regardless.

Conclusion

In North Carolina, your mother can recover her down payment and qualifying carrying costs by asking the Clerk of Superior Court in a partition case to credit those amounts before any division of proceeds. Because the deed created a tenancy in common, the decedent’s share passed to the heirs, but the Clerk can adjust for your mother’s contributions. Next step: gather proof of payments and file (or respond in) a partition proceeding requesting an accounting and credits before proceeds are distributed.

Talk to a Partition Action Attorney

If you’re dealing with a threatened partition and want reimbursement for what you paid into the property, 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.