§ 46A-28 – Court's authority to make orders before final determination of proceeding; notice and hearing.
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.
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.
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.
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.
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-20 – Venue in partition.
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.
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.
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.
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.
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 […]