Short Answer

In North Carolina, a life tenant must pay the property’s ordinary expenses—like ad valorem taxes, insurance, and basic upkeep—and must avoid “waste.” If a life tenant refuses, a remainder interest holder can file a civil action in Superior Court to seek an injunction, an accounting, and damages, and in serious cases ask the court to appoint a receiver. Standard partition is generally unavailable between a life tenant and a remainder holder, but a court-supervised sale may be possible if all interests are properly joined and the proceeds are allocated by life expectancy.

Understanding the Problem

You want to know whether, in North Carolina, you can make a relative who holds a life estate pay ongoing property taxes and maintenance on the family home. You are the executor and a remainder beneficiary under a probated will, the estate is closed, and no deed has been recorded to reflect your remainder interest. The life tenant has stopped paying taxes and upkeep, and you are considering enforcing your rights or selling the property.

Apply the Law

Under North Carolina law, a life tenant has a present right to possess and use the property but must preserve it and pay ordinary carrying costs, including property taxes, insurance, and routine repairs. Failing to do so can constitute “permissive waste,” which allows a remainder holder to sue for injunctive relief, accounting, and damages. Partition is a special proceeding for co-owners of concurrent present interests; a life tenant and a remainder holder have successive interests, so the usual partition route does not apply. However, courts can supervise a sale if all necessary interests are joined, and then allocate proceeds based on the life tenant’s actuarial life interest. The main forum for enforcing duties or stopping waste is Superior Court; document-recording steps occur with the Register of Deeds and notices may involve the Clerk of Superior Court in special proceedings.

Key Requirements

• Identify the interests: Confirm there is a valid life estate and you hold a vested remainder interest; title to devised real estate vests in devisees upon probate.
• Life tenant’s duties: The life tenant must pay ordinary taxes, maintain insurance, and perform basic upkeep to avoid waste.
• Proof of default: Gather tax bills, insurance lapses, repair estimates, photos, and correspondence showing nonpayment or neglect.
• Proper forum and relief: File in Superior Court for waste, injunction, accounting, damages, and, if needed, appointment of a receiver.
• Sale option: A typical partition between life tenant and remainder is not available; a court-approved sale with actuarial allocation may be possible when all interests are joined.

What the Statutes Say

• North Carolina Gen. Stat. § 31-39 (Probate required to pass title) – A will must be probated for title to devised real estate to pass.
• North Carolina Gen. Stat. § 28A-15-2(b) (Title in heirs/devisees) – Upon probate, title to nonsurvivorship real property vests in devisees as of death.
• North Carolina Gen. Stat. § 28A-13-3 (PR powers re: real property) – Personal representatives may be authorized to control real estate during administration, including ejectment when appropriate.
• North Carolina Gen. Stat. § 8-46 (Mortality tables) and § 8-47 (Annuity tables) – Provide actuarial tools for valuing a life estate when converting real property to cash.

Analysis

Apply the Rule to the Facts: You hold a vested remainder under a probated will, so your future interest already exists even if no deed has been recorded. Because the life tenant is refusing to pay taxes and upkeep, that conduct risks “permissive waste.” Your first legal route is a Superior Court action seeking an injunction to compel payment of taxes and maintenance, an accounting, and damages for any loss (for example, penalties or deterioration). If selling becomes necessary, standard partition is not available between successive interests, but a court may approve a sale and allocate proceeds using the statutory mortality and annuity tables.

Process & Timing

1. Who files: The remainder beneficiary. Where: Superior Court in the county where the property sits; recording steps occur with the county Register of Deeds and notices through the Clerk of Superior Court if a special proceeding is involved. What: Civil complaint for waste, injunction, and accounting; record the probated will and order to evidence title; consider lis pendens. When: Act promptly, especially if taxes are delinquent, to avoid tax foreclosure.
2. Request temporary relief if needed (e.g., order requiring the life tenant to maintain insurance, pay taxes into escrow, allow inspections). Courts often set early hearings on preliminary injunctions within weeks; timing can vary by county.
3. If a sale is necessary and all interests can be joined, pursue a court-supervised sale; on closing, allocate proceeds between the life tenant and remaindermen using the statutory mortality and annuity tables; obtain the court’s order and recorded transfer documents.

Exceptions & Pitfalls

• Governing instrument differences: A will or deed can shift who pays certain expenses; review the exact terms creating the life estate.
• Partition limits: A life tenant and a remainder holder are not cotenants; routine partition isn’t available. A sale requires proper joinder and court approval.
• Recording gaps: Even though title vested at probate, record the probated will and order in the county where the land sits to show your remainder in the chain of title and with the tax office.
• Mortgage allocation: Interest and ordinary carrying costs typically fall on the life tenant; principal reduction and extraordinary capital work may involve the remainder interest. Confirm specifics before demanding reimbursement.
• Service and necessary parties: Join all interested owners and lienholders to avoid later challenges; use proper service and consider lis pendens.

Talk to a Partition Action Attorney

If you’re dealing with a life tenant who won’t pay taxes or maintain 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.