Short Answer

In North Carolina, rights in land (like a life estate) generally must be in writing, but courts can enforce an oral promise in equity if you prove a clear promise, possession, and substantial reliance (such as improvements) that would make it unfair not to honor it. If an estate’s administrator moves to evict you, you can assert your claimed life estate or equitable rights in the estate proceeding or in a related civil action and ask the court to stop any eviction while your claim is decided. Mobile homes are usually personal property and require a signed title transfer; without it, you may need court-ordered relief (like a constructive trust) to recognize your interest.

Understanding the Problem

You’re asking whether, under North Carolina probate law, you can enforce a verbal promise from an in-law that you and your spouse could live in a mobile home for life, even though no deed or title transfer was signed. The stepchild, now the estate’s administrator, controls the land and home and has threatened eviction after scheduling an inspection. One key fact: your spouse died intestate, and you received only a small spouse’s allowance with an uncertain buyout offer.

Apply the Law

North Carolina’s Statute of Frauds requires writings for transfers of interests in land. Still, courts can grant equitable relief—such as specific performance or a constructive trust—when a person relied on a definite promise, took possession, and made substantial improvements or otherwise materially changed position. In estates, an administrator may seek possession and ejectment through the Clerk of Superior Court, but if you raise equitable defenses or request equitable relief, the matter can move to Superior Court for a full hearing. Mobile homes are typically personal property and ordinarily transfer by endorsed title; without a proper title transfer, you may need a court order to recognize your ownership or occupancy rights.

Key Requirements

• Definite promise: Show a clear, specific promise of a present right to live there for life (not a vague future plan).
• Possession consistent with the promise: Prove you actually moved in or remained in possession because of that promise.
• Reliance/part performance: Identify substantial improvements, payments, or other meaningful changes you made that would make it unfair not to honor the promise.
• Estate posture: If the personal representative seeks possession or ejectment, you must respond and assert your equitable claim; equitable issues can shift the dispute to Superior Court.
• Mobile home title: Ownership of a manufactured/mobile home usually requires a signed title assignment; absent that, seek equitable remedies (e.g., constructive trust) to recognize rights.
• Forum and notice: Use the Clerk of Superior Court for estate proceedings and Superior Court for civil equitable relief; record notice (lis pendens) to protect your claim while the case is pending.

What the Statutes Say

• North Carolina Gen. Stat. § 22-2 (Statute of Frauds—land transfers) – Interests in land generally must be in writing and signed.
• North Carolina Gen. Stat. § 28A-13-3 (Personal representative’s powers) – Allows an estate administrator to seek possession and eject occupants; equitable issues can require court resolution.
• North Carolina Gen. Stat. § 29-30 (Spousal election of life estate) – Separate spousal option to elect a life estate in the deceased spouse’s real property.
• North Carolina Gen. Stat. § 41-56(d) (Tenancy by the entirety in mobile homes) – A mobile home titled to spouses may be held by the entirety; mobile homes otherwise transfer like motor vehicles.

Analysis

Apply the Rule to the Facts: You’ll need to prove a clear promise of lifetime occupancy, that you were in possession because of it, and that you made substantial improvements or other meaningful reliance. If the estate administrator files to eject you, assert your claimed life estate or equitable rights and request that a court decide those issues before any removal. Because no title was signed over for the mobile home, you likely need a court order to recognize any ownership or to enforce your right to remain. The small spouse’s allowance does not by itself establish occupancy rights.

Process & Timing

1. Who files: You. Where: Clerk of Superior Court (estate proceeding) and/or Superior Court (civil action) in the North Carolina county where the property/estate is pending. What: Petition in an estate proceeding for declaratory relief about rights in estate property, or a civil Complaint for specific performance/constructive trust and a motion for a temporary restraining order; file a Notice of Lis Pendens with the Register of Deeds. When: File promptly, especially if eviction or sale is threatened.
2. Ask the court to enjoin eviction or transfer while your claim is heard; the clerk may transfer equitable issues to Superior Court. Expect a hearing schedule in weeks to a few months, with local variation.
3. After evidence, the court may declare and set your life estate or other equitable interest, deny it, or approve a settlement; record any order affecting title/rights in the Register of Deeds.

Exceptions & Pitfalls

• If your use looked permissive or temporary without improvements, a court may not enforce an oral lifetime right.
• For mobile homes, lack of a properly endorsed title can block recognition of ownership; be ready to pursue equitable remedies to bridge that gap.
• If the administrator proceeds in the estate to take possession, respond on time and raise equitable defenses; missing deadlines risks losing possession before your claim is heard.
• City/county condemnation does not decide your ownership, but an unsafe designation can force you out; address cited issues quickly to avoid losing practical occupancy.

Talk to a Probate Attorney

If you’re dealing with a threatened eviction or need to prove a promised lifetime right to a home, 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.