Short Answer

In North Carolina, you can file a partition special proceeding in the Clerk of Superior Court to divide or sell the co-owned land and ask for an accounting so you receive credits for taxes, insurance, mortgage payments, necessary repairs, and value-adding improvements. If heirship is unclear, first ask the clerk to determine heirs. In heirs-property cases, co-owners may have a buyout option before any court-ordered sale.

Understanding the Problem

You want to know whether, and how, you can recoup what you’ve paid into family land you co-own in North Carolina and address a surviving spouse’s claimed interest. The core decision: can you use a partition case to (1) sort out who owns what, (2) get reimbursed for your contributions, and (3) resolve or buy out the surviving spouse’s claimed share when your sibling died without a probated will and you have been paying for and maintaining the property.

Apply the Law

Under North Carolina law, when someone dies, real estate typically passes immediately to the heirs (or, under a will, to devisees) and is co-owned as tenants in common unless titled otherwise. A surviving spouse can take an intestate share of the deceased co-owner’s undivided interest if there is no will. If co-owners cannot agree, any co-tenant may file a partition special proceeding with the Clerk of Superior Court in the county where the land is located. The court can partition in kind (divide the land) or by sale, and it can conduct an accounting to credit a paying co-owner for carrying costs and qualifying improvements, with offsets for rents or other benefits received. Heirs property is subject to additional protections, including appraisal and possible buyout procedures before sale.

Key Requirements

• Co-ownership: You and the other heirs/claimants must hold undivided interests in the same parcel (tenants in common).
• Heirship clarity: If it’s unclear who inherited the deceased sibling’s share, seek a determination of heirs before or alongside partition.
• Accounting evidence: To recover contributions, document taxes, insurance, mortgage payments, necessary repairs, and the enhanced value from improvements.
• Improvements rule: Credits for improvements are typically limited to the amount they increased the property’s value, not simply their cost.
• Forum and relief: File a partition special proceeding with the Clerk of Superior Court; request partition in kind or by sale, plus an accounting and credits (or owelty) to equalize shares.

What the Statutes Say

• North Carolina Partition Statutes (Chapter 46A) – Governs partition actions, procedures, and heirs-property protections.
• N.C. Gen. Stat. § 28A-15-2 – Real property typically vests in heirs at death (subject to administration needs).
• N.C. Gen. Stat. § 29-14 – Sets the surviving spouse’s intestate share in real property.
• N.C. Gen. Stat. § 31-39 – Title under a will passes upon probate.

Analysis

Apply the Rule to the Facts: Title to the family land passed to you and your sibling when the parent died. When your sibling died without a probated will, the sibling’s undivided share passed by intestacy to the surviving spouse and children. A partition case lets you resolve co-ownership and ask for an accounting so you receive credits for taxes, insurance, mortgage, and necessary repairs you paid while living there. If the property qualifies as heirs property, the court will follow additional steps (appraisal and potential buyout) before ordering any sale.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court, Special Proceedings, in the North Carolina county where the land sits. What: Petition for Partition of Real Property requesting partition and an accounting/credits; if heirship is disputed, file (or ask to open) an estate proceeding to determine heirs. When: No fixed statute of limitations for partition, but heirs-property buyout and objection deadlines in the case move quickly once orders are entered.
2. The clerk will determine whether the land can be fairly divided in kind. For heirs property, the court typically orders an appraisal and notifies co-tenants of buyout rights before considering a sale. The court (or commissioners) addresses accounting and applies credits and offsets.
3. If the land is sold, the clerk oversees distribution: sale costs first, then court-approved credits and adjustments, and the balance to co-owners according to their shares.

Exceptions & Pitfalls

• You generally cannot “remove” a valid intestate share; you must buy it out, partition in kind, or proceed to sale.
• Improvement credits usually track increased value, not full cost—bring before-and-after appraisals or comparable data.
• If you had exclusive use, expect offsets (e.g., rental value or crediting others’ benefits) to be considered in the accounting.
• All co-owners (including minor heirs) must be joined and properly served; title disputes may require transfer to a Superior Court judge.
• Private sales by heirs within two years of death can trigger creditor issues; court‑supervised partition sales follow different procedures.

Talk to a Partition Action Attorney

If you’re dealing with co-owned inherited land and need credits for what you’ve 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.