Short Answer

In North Carolina, any co-owner may file a partition proceeding with the Clerk of Superior Court in the county where the property sits. If the property cannot be fairly divided, the court can order a sale and split the net proceeds. When the property is inherited “heirs property,” the court follows added steps (appraisal, buyout rights, and often an open‑market sale). If you are being locked out, you can also ask the court for a temporary access order to inspect and protect the home.

Understanding the Problem

In North Carolina, can I, as a co-owner, force a partition and potential sale of our inherited house when my sibling refuses to cooperate—and how do I lawfully regain access to inspect or maintain it? Here, one salient fact is that the sibling changed the locks and won’t allow entry. Your goal is to restore lawful access and, if cooperation fails, use the partition process to resolve the impasse.

Apply the Law

Under North Carolina law, co-owners (tenants in common) each have an equal right to possess the whole property. Partition is a special proceeding filed with the Clerk of Superior Court in the county where the land lies. The Clerk first determines whether division “in kind” (splitting the land) is feasible without substantial injury; if not, the Clerk orders a partition sale. In inherited “heirs property,” the court must take additional steps, including obtaining an appraisal, giving other co-owners a chance to buy out interests at the appraised value, and favoring an open‑market sale overseen by a court‑appointed commissioner if a buyout does not occur. Title disputes or equitable issues may be transferred to a Superior Court judge. You can also request interim orders to preserve the property, including reasonable access to inspect, secure, or maintain it.

Key Requirements

• Standing: You must be a current co-owner (tenant in common) of the property.
• Forum and venue: File a partition special proceeding with the Clerk of Superior Court in the county where the property is located.
• Parties and notice: Join and properly serve all co-owners; include known lienholders or claimants as needed. A guardian ad litem may be required for unknown or unlocatable heirs.
• In‑kind vs. sale: The court orders in‑kind division if practicable; otherwise, a judicial sale. Heirs property triggers extra steps: appraisal, buyout rights, and usually open‑market sale.
• Interim protection: The court can issue temporary orders to preserve the property and allow reasonable access for inspection or maintenance.
• Transfer if contested: If a title dispute or equitable issue arises, the case is transferred to a Superior Court judge.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Establishes the framework for partition, including heirs property procedures.
• North Carolina Gen. Stat. § 1-339.25 (Upset bids in judicial sales) – Sets the upset‑bid process after a sale report is filed.
• North Carolina Gen. Stat. § 1-301.2 (Transfer of special proceedings) – Requires transfer to a judge when factual or equitable issues are raised.

Analysis

Apply the Rule to the Facts: You and your sibling co-own the inherited house, so you have standing to file a partition in the county where it sits. Because you are being excluded, you can ask the court for an interim access order to inspect and secure the home. If the property qualifies as heirs property, the court will use the heirs-property process (appraisal, buyout option, then open‑market sale if needed). If in‑kind division is not workable, the court will order a judicial sale and divide net proceeds, with potential adjustments for documented taxes, insurance, and necessary repairs.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court in the county where the property is located. What: Petition for partition (identify the property, list all co-owners and known lienholders), Estate/Special Proceeding Summons for each respondent, and (if needed) a motion for temporary access/preservation. When: File anytime; serve respondents under Rule 4 before a hearing is set.
2. The Clerk determines whether to partition in kind or order a sale. For heirs property, the court obtains an appraisal, gives co-owners a time‑limited buyout right, and, if no buyout occurs, appoints a commissioner to conduct an open‑market sale (or another authorized method). Expect several weeks to months for appraisal, marketing, and court review; timing can vary by county.
3. For a sale, the commissioner files a report of sale. A statutory upset‑bid period follows. After the upset‑bid window closes and the court confirms the sale, the commissioner delivers the deed, pays costs, and distributes net proceeds to co-owners per their interests, with any court‑approved adjustments.

Exceptions & Pitfalls

• Title disputes or equitable claims can delay the case and require transfer to a Superior Court judge.
• Failing to join or serve every co-owner (or unknown heirs) can invalidate orders and force a restart.
• Do not use self‑help to enter; seek a court access order to avoid civil or criminal exposure.
• Document taxes, insurance, necessary repairs, and carrying costs; the court may consider adjustments at distribution.
• Heirs-property buyout deadlines are strict; missing them can forfeit purchase rights.

Talk to a Partition Action Attorney

If you’re dealing with a locked‑out situation or need to force a partition sale of inherited 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.