§ 46A-100 – Personal property may be partitioned.
46A-100. Personal property may be partitioned. A tenant in common or joint tenant of personal property may file a petition in superior court to partition the property. (1868-9, c. 122, s. 27; Code, s. 1917; Rev., s. 2504; C.S., s. 3253; 2020-23, ss. 2(pp), 3.)
§ 46A-101 – Commissioners appointed; filing and service of report; confirmation; motion for relief.
46A-101. Commissioners appointed; filing and service of report; confirmation; motion for relief. (a) Appointment. – If the court determines that the petitioner is entitled to relief, the court shall appoint three disinterested commissioners, who, being first duly sworn, shall proceed within 20 days after notice of their appointment to partition the personal property in shares […]
§ 46A-102 – Partition sale of personal property.
46A-102. Partition sale of personal property. (a) If the court determines that an actual partition of personal property would injure some of the parties and that a partition sale is necessary, the court shall order a sale to be made as provided in Article 29A of Chapter 1 of the General Statutes. In a partition […]
§ 46A-83 – Petition for revocation of confirmation order.
46A-83. Petition for revocation of confirmation order. (a) Grounds for Revocation. – Notwithstanding G.S. 46A-76 or any other provision of law, within 15 days of entry of the order confirming the partition sale of real property, the purchaser or any party to the partition proceeding may petition the court to revoke its order of confirmation […]
§ 46A-84 – Petition for revocation based on inadequate price.
46A-84. Petition for revocation based on inadequate price. In the case of a petition brought pursuant to G.S. 46A-83(a)(2)c., and when an independent appraisal of the property being sold has not been previously entered into evidence in the action, and upon the request of any party, the court may order an independent appraisal prepared by […]
§ 46A-84.5 – Petition for revocation based on default bid.
46A-84.5. Petition for revocation based on default bid. If a purchaser in a partition sale defaults on the purchaser’s bid, any party to the partition proceeding or the officer or person designated to make the sale may at any time petition the court to revoke its order confirming the partition sale. The petitioner for revocation […]
§ 46A-85 – Order becoming final; appeal; purchase of property.
46A-85. Order becoming final; appeal; purchase of property. (a) Order Becoming Final; Appeal. – An order confirming the partition sale of real property becomes final 15 days after entry of the order of confirmation or when the clerk denies a petition for revocation, whichever occurs later. A party may appeal an order confirming the partition […]
§ 46A-86 – Sale proceeds belonging to certain parties.
46A-86. Sale proceeds belonging to certain parties. (a) Minor; Incompetent Adult. – When real property is sold under this Chapter and a party to the proceeding is a minor or an incompetent adult, the court shall take appropriate steps to secure the proceeds for the benefit of the party, including any of the following: (1) […]
§ 46A-58 – Clerk to docket owelty.
46A-58. Clerk to docket owelty. If the court orders owelty, the clerk shall enter the owelty on the judgment docket in the same manner as judgments are entered on the docket. The clerk shall mark as plaintiffs on the judgment docket persons whose shares are to be paid owelty, and the clerk shall mark as […]
§ 46A-59 – Order for possession.
46A-59. Order for possession. (a) An order for possession of real property apportioned pursuant to this Part, in favor of the party to which an apportionment has been made and against any party in possession at the time of application therefor, may be issued by the clerk of the superior court if all of the […]