§ 46A-2 – Summons; notice included in petition.
46A-2. Summons; notice included in petition. (a) In partition proceedings initiated under this Chapter, the period of time for answering a summons is provided in G.S. 1-394. (b) The petition shall include written notice in a manner reasonably calculated to make the respondent aware of the following: (1) That the respondent has the right to […]
§ 46A-3 – Attorneys' fees.
46A-3. Attorneys’ fees. (a) In proceedings to partition property under this Chapter, the court shall allocate among all the cotenants of the property those reasonable attorneys’ fees incurred by any cotenant for the common benefit of all the cotenants, unless a cotenant shows that doing so would be inequitable. The allocation shall be according to […]
§ 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 […]
§ 46A-25 – Partition of real property subject to a contingent future interest; requirements.
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-1 – Partition is a special proceeding.
46A-1. Partition is a special proceeding. A partition of property under this Chapter is by special proceeding and, except as modified in this Chapter, its procedure is provided in Subchapter XII of Chapter 1 of the General Statutes. (1868-9, c. 122, s. 33; Code, s. 1923; Rev., s. 2485; C.S., s. 3213; 2020-23, ss. 2(a), […]