46A-20. Venue in partition. A proceeding to partition real property shall be commenced in the county where the property is located. If the property, whether consisting of one or more tracts, is located in more than one county, the proceeding may be commenced in any of the counties where any part of the property is […]
46A-21. Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses. (a) Any person claiming real property as a tenant in common or joint tenant may petition to partition the property in superior court. The personal representative of a deceased tenant in common or deceased joint tenant may also petition […]
46A-22. Unknown or unlocatable parties; summons, notice, and representation. (a) If, at the time of or subsequent to the filing of the petition, the petitioner shows by affidavit or otherwise that the petitioner cannot after due diligence ascertain the name or location of a person that the petitioner is required to, or chooses to, serve […]
46A-23. Petition by judgment creditor of cotenant. (a) If a judgment debtor has a personal liability on a judgment docketed in the superior court of a county where the judgment debtor owns real property as a tenant in common or joint tenant, the judgment creditor may petition for an actual partition of the property. If […]
46A-24. Surface and oil, gas, or mineral interests in separate owners; partitions distinct. When title to the oil, gas, or mineral interests in real property has been separated in ownership from the title to the surface of the property, a tenant in common or joint tenant of the oil, gas, or mineral interests may partition […]
46A-25. Partition of real property subject to a contingent future interest; requirements. When real property is subject to a contingent future interest, any judgment partitioning the property is valid and binding upon all persons having an interest in the property, whether or not in being, if all of the following requirements are met: (1) The […]
46A-26. Methods of partition. In a partition proceeding under this Article, the court shall order one of the following methods of partitioning the real property: (1) Actual partition under Part 2 of this Article. (2) Partition sale under Part 3 of this Article so long as the requirements of that Part are satisfied. (3) Actual […]
46A-27. Carrying costs, including property taxes; improvements; right to contribution. (a) Right to Contribution. – A cotenant has a right to contribution from the other cotenants for the cotenant’s payment of the real property’s carrying costs and for the lesser of the following: (1) The value added to the real property by the cotenant’s improvements […]
46A-28. Court’s authority to make orders before final determination of proceeding; notice and hearing. (a) Before final determination of a proceeding to partition real property, on application of any of the parties, the court may make any orders that it finds to be in the best interest of the parties, including, but not limited to, […]
46A-29. Mediation. (a) Parties interested in the real property may agree at any time during the proceeding to mediation of a partition. G.S. 7A-38.1 and G.S. 7A-38.3B apply to a mediation under this section. (b) When a partition sale is requested, the court, on its own motion or a motion of a party, may order […]
46A-50. Commissioners appointed; compensation; oath; delay or neglect. (a) Appointment. – The superior court shall appoint three disinterested commissioners to apportion the real property to be partitioned among the cotenants. If the property to be partitioned is located in more than one county, the court may appoint additional commissioners if necessary from counties where the […]
46A-51. Commissioners to inspect and partition real property; apportioning shares; charging owelty on shares of disproportionately greater value. (a) Apportioning Shares; Charging Owelty on Shares. – The commissioners together shall inspect the real property and partition it among the cotenants by apportioning it into shares proportionate in value as nearly as possible to the cotenants’ […]
46A-52. Partition where cotenants unknown or title disputed. (a) If there are any cotenants whose names are not known or whose title is in dispute, the shares of those cotenants shall be apportioned together as one parcel. (b) In any partition proceeding, if two or more cotenants appear as respondents claiming the same undivided interest […]
46A-53. Apportionment of shares in common. When requested by two or more cotenants, the commissioners may, by order of the court, apportion their several shares to them in common, as one parcel, so long as the apportionment is not injurious or detrimental to any cotenant. (2020-23, s. 3.)
46A-54. Dedication of streets. Upon motion of any party or the commissioners, the clerk may authorize the commissioners to propose in their report the dedication of portions of the real property that are necessary as a means of access to any share or that are otherwise advisable for public or private highways, streets, or alleys. […]
46A-55. Report of commissioners; contents; filing and service; extension; map. (a) Report. – The commissioners shall file a report of their proceedings in the office of the clerk of superior court within 90 days after the last commissioner receives a notice of appointment. The report shall be signed by at least two commissioners and shall […]
46A-56. Confirmation of report; appeal; motion for relief. (a) If no exception to the report of the commissioners is filed within 10 days of service of the report on all the parties, the clerk shall confirm the report. (b) If an exception to the report of commissioners is filed, the clerk shall do one of […]
46A-57. Report and confirmation enrolled and registered; effect. The report of the commissioners, when confirmed, and the order of confirmation shall be enrolled and certified to the register of deeds and registered in the office of each county where the real property is located. The confirmed report is binding among and between the parties and […]
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. (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 […]
