§ 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-26 – Methods of partition.
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.
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-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-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), […]