North Carolina General Statutes
Article 2 - Partition of Real Property.
§ 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 following persons are parties:
a. Persons with a present interest or a vested future interest.
b. Persons in being with a contingent future interest and that would have a present interest if the contingency had occurred at the time the proceeding was commenced.
c. Persons not in being with a contingent future interest.
(2) The following parties are represented by a guardian ad litem appointed under G.S. 1A-1, Rule 17:
a. Unborn individuals.
b. Parties not in being.
c. Parties who are minors or incompetent adults and who do not have a guardian of the estate or general guardian.
d. Unknown or unlocatable parties. (1933, c. 215, s. 1; 1959, c. 1274, s. 1; 2020-23, ss. 2(q), 3.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 46A - Partition

Article 2 - Partition of Real Property.

§ 46A-20 - Venue in partition.

§ 46A-21 - Petition by cotenant or personal representative of cotenant; necessary and proper parties; joinder of spouses.

§ 46A-22 - Unknown or unlocatable parties; summons, notice, and representation.

§ 46A-23 - Petition by judgment creditor of cotenant.

§ 46A-24 - Surface and oil, gas, or mineral interests in separate owners; partitions distinct.

§ 46A-25 - Partition of real property subject to a contingent future interest; requirements.

§ 46A-26 - Methods of partition.

§ 46A-27 - Carrying costs, including property taxes; improvements; right to contribution.

§ 46A-28 - Court's authority to make orders before final determination of proceeding; notice and hearing.

§ 46A-29 - Mediation.

§ 46A-50 - Commissioners appointed; compensation; oath; delay or neglect.

§ 46A-51 - Commissioners to inspect and partition real property; apportioning shares; charging owelty on shares of disproportionately greater value.

§ 46A-52 - Partition where cotenants unknown or title disputed.

§ 46A-53 - Apportionment of shares in common.

§ 46A-54 - Dedication of streets.

§ 46A-55 - Report of commissioners; contents; filing and service; extension; map.

§ 46A-56 - Confirmation of report; appeal; motion for relief.

§ 46A-57 - Report and confirmation enrolled and registered; effect.

§ 46A-58 - Clerk to docket owelty.

§ 46A-59 - Order for possession.

§ 46A-75 - Sale in lieu of actual partition.

§ 46A-76 - Sale procedure.

§ 46A-77 - Cotenant credit.

§ 46A-78 - Partition sale of real property subject to a life estate.

§ 46A-79 - Partition sale of remainder or reversionary interest of real property.

§ 46A-80 - Sale of standing timber; valuation of life estate.

§ 46A-81 - Sale of oil, gas, or mineral interests.

§ 46A-82 - Sale of real property required for public purposes on cotenant's petition.

§ 46A-83 - Petition for revocation of confirmation order.

§ 46A-84 - Petition for revocation based on inadequate price.

§ 46A-84.5 - Petition for revocation based on default bid.

§ 46A-85 - Order becoming final; appeal; purchase of property.

§ 46A-86 - Sale proceeds belonging to certain parties.