North Carolina General Statutes Chapter 46 Partition

Article 1 - Partition of Real Property.

N.C. Gen. Stat. § 46-1. Partition is a special proceeding
Partition under this Chapter shall be by special proceeding, and the procedure shall be the same in all respects as prescribed by law in...
N.C. Gen. Stat. § 46-2. Venue in partition
The proceeding for partition, actual or by sale, must be instituted in the county where the land or some part thereof lies. If the...
N.C. Gen. Stat. § 46-2.1. Summons
(a) In partition proceedings initiated under this Chapter, the period of time for answering a summons is provided in G.S. 1-394. (b) Written notice...
N.C. Gen. Stat. § 46-3. Petition by cotenant or personal representative of cotenant
One or more persons claiming real estate as joint tenants or tenants in common or the personal representative of a decedent joint tenant, or...
N.C. Gen. Stat. § 46-3.1. Court's authority to make orders pending final determination of proceeding
Pending final determination of the proceeding, on application of any of the parties in a proceeding to partition land, the court may make such...
N.C. Gen. Stat. § 46-4. Surface and minerals in separate owners; partitions distinct
When the title to the mineral interests in any land has become separated from the surface in ownership, the tenants in common or joint...
N.C. Gen. Stat. § 46-5. Petition by judgment creditor of cotenant; assignment of homestead
When any person owns a judgment duly docketed in the superior court of a county wherein the judgment debtor owns an undivided interest in...
N.C. Gen. Stat. § 46-6. Unknown or unlocatable parties; summons, notice, and representation
(a) If, upon the filing of a petition for partition, it be made to appear to the court by affidavit or otherwise that there...
N.C. Gen. Stat. § 46-7. Commissioners appointed
The superior court shall appoint three disinterested commissioners to divide and apportion such real estate, or so much thereof as the court may deem...
N.C. Gen. Stat. § 46-7.1. Compensation of commissioners
The clerk of the superior court shall fix the compensation of commissioners for the partition or division of lands according to the provisions of...
N.C. Gen. Stat. § 46-8. Oath of commissioners
The commissioners shall be sworn by a magistrate, the sheriff or any deputy sheriff of the county, or any other person authorized to administer...
N.C. Gen. Stat. § 46-9. Delay or neglect of commissioner penalized
If, after accepting the trust, any of the commissioners unreasonably delay or neglect to execute the same, every such delinquent commissioner shall be liable...
N.C. Gen. Stat. § 46-10. Commissioners to meet and make partition; equalizing shares
The commissioners, who shall be summoned by the sheriff, must meet on the premises and partition the same among the tenants in common, or...
N.C. Gen. Stat. § 46-11. Owelty to bear interest
The sums of money due from the more valuable dividends shall bear interest until paid. (1868-9, c. 122, s. 8; Code, s. 1899; Rev.,...
N.C. Gen. Stat. § 46-12. Owelty from infant's share due at majority
When a minor to whom a more valuable dividend shall fall is charged with the payment of any sum, the money shall not be...
N.C. Gen. Stat. § 46-13. Partition where shareowners unknown or title disputed; allotment of shares in common
If there are any of the tenants in common, or joint tenants, whose names are not known or whose title is in dispute, the...
N.C. Gen. Stat. § 46-14. Judgments in partition of remainders binding on parties thereto
Where land is conveyed by deed, or devised by will, upon contingent remainder, executory devise, or other limitation, any judgment of partition rendered in...
N.C. Gen. Stat. § 46-15. Repealed by Session Laws 1959, c. 879, s. 14
N.C. Gen. Stat. § 46-16. Partial partition; balance sold or left in common
In all proceedings under this Chapter actual partition may be made of a part of the land sought to be partitioned and a sale...
N.C. Gen. Stat. § 46-17. Report of commissioners; contents; filing
The commissioners, within a reasonable time, not exceeding 90 days after the notification of their appointment, shall make a full and ample report of...
N.C. Gen. Stat. § 46-17.1. Dedication of streets
Upon motion of any party or the commissioners appointed to make division, the clerk may authorize the commissioners to propose and report the dedication...
N.C. Gen. Stat. § 46-18. Map embodying survey to accompany report
The commissioners are authorized to employ the county surveyor or, in his absence or if he be connected with the parties, some other surveyor,...
N.C. Gen. Stat. § 46-19. Confirmation and impeachment of report
(a) If no exception to the report of the commissioners is filed within 10 days, the same shall be confirmed. Any party after confirmation...
N.C. Gen. Stat. § 46-20. Report and confirmation enrolled and registered; effect; probate
Such report, when confirmed, together with the decree of confirmation, shall be enrolled and certified to the register of deeds and registered in the...
N.C. Gen. Stat. § 46-21. Clerk to docket owelty charges; no release of land and no lien
In case owelty of partition is charged in favor of certain parts of said land and against certain other parts, the clerk shall enter...

Article 2 - Partition Sales of Real Property.

N.C. Gen. Stat. § 46-22. Sale in lieu of partition
(a) Subject to G.S. 46-22.1(b), the court shall order a sale of the property described in the petition, or of any part, only if...
N.C. Gen. Stat. § 46-22.1. Mediation
(a) Persons interested in the premises may agree at anytime to mediation of a partition. A list of mediators certified by the Dispute Resolution...
N.C. Gen. Stat. § 46-23. Remainder or reversion sold for partition; outstanding life estate
The existence of a life estate in any land shall not be a bar to a sale for partition of the remainder or reversion...
N.C. Gen. Stat. § 46-24. Life tenant as party; valuation of life estate
In all proceedings for partition of land whereon there is a life estate, the life tenant may join in the proceeding and on a...
N.C. Gen. Stat. § 46-25. Sale of standing timber on partition; valuation of life estate
When two or more persons own, as tenants in common, joint tenants or copartners, a tract of land, either in possession, or in remainder...
N.C. Gen. Stat. § 46-26. Sale of mineral interests on partition
In case of the partition of mineral interests, in all instances where it is made to appear to the court that it would be...
N.C. Gen. Stat. § 46-27. Sale of land required for public use on cotenant's petition
When the lands of joint tenants or tenants in common are required for public purposes, one or more of such tenants, or their guardian...
N.C. Gen. Stat. § 46-28. Sale procedure
(a) The procedure for a partition sale shall be the same as is provided in Article 29A of Chapter 1 of the General Statutes,...
N.C. Gen. Stat. § 46-28.1. Petition for revocation of confirmation order
(a) Notwithstanding G.S. 46-28 or any other provision of law, within 15 days of entry of the order confirming the partition sale or real...
N.C. Gen. Stat. § 46-28.2. When bidder may purchase
After the order of confirmation becomes final and effective, the successful bidder may immediately purchase the property. (1977, c. 833, s. 3; 1985, c....
N.C. Gen. Stat. § 46-29. Repealed by Session Laws 1949, c. 719, s. 2
N.C. Gen. Stat. § 46-30. Deed to purchaser; effect of deed
The deed of the officer or person designated to make such sale shall convey to the purchaser such title and estate in the property...
N.C. Gen. Stat. § 46-31. Clerk not to appoint self, assistant or deputy to sell real property
No clerk of the superior court shall appoint himself or his assistant or deputy to make sale of any property in any proceeding before...
N.C. Gen. Stat. § 46-32. Repealed by Session Laws 1949, c. 719, s. 2
N.C. Gen. Stat. § 46-33. Shares in proceeds to cotenants secured
At the time that the order of confirmation becomes final, the court shall secure to each tenant in common, or joint tenant, his ratable...
N.C. Gen. Stat. § 46-34. Shares to persons unknown or not sui juris secured
When a sale is made under this Chapter, and any party to the proceedings be an infant, non compos mentis, imprisoned, or beyond the...

Article 3 - Partition of Lands in Two States.

N.C. Gen. Stat. § 46-35 through 46-41. Repealed by Session Laws 1943, c. 543

Article 4 - Partition of Personal Property.

N.C. Gen. Stat. § 46-42. Personal property may be partitioned; commissioners appointed
When any persons entitled as tenants in common, or joint tenants, of personal property desire to have a division of the same, they, or...
N.C. Gen. Stat. § 46-43. Report of commissioners
The commissioners shall report their proceedings under the hands of any two of them, and shall file their report in the office of the...
N.C. Gen. Stat. § 46-43.1. Confirmation; impeachment
If no exception to the report of the commissioners making partition is filed within 10 days the report shall be confirmed. Any party, after...
N.C. Gen. Stat. § 46-44. Sale of personal property on partition
If a division of personal property owned by any persons as tenants in common, or joint tenants, cannot be had without injury to some...
N.C. Gen. Stat. § 46-45 through 46-46. Repealed by Session Laws 1949, c. 719, s. 2

Last modified: March 23, 2014